In a statement on Friday (Feb 9), Datuk Dr Mohd Na’im Mokhtar, Minister in the Prime Minister’s Department (Religious Affairs), reassured the public that the position of the Syariah Courts remains strong despite the Apex Court’s decision to strike down 16 provisions in Kelantan syariah enactment. He emphasized that this position is guaranteed in the Federal Constitution.
Mohd Na’im also called for calm from all parties, emphasizing the need for a study on the judgment by the Apex Court and expressing his intention to consult with all stakeholders to further improve and empower the Syariah Courts.
He announced that he would request an audience with His Majesty Sultan Ibrahim, King of Malaysia, Deputy King Sultan of Perak, Sultan Nazrin Muizzuddin Shah, and Selangor Sultan Sharafuddin Idris Shah, the chairman of the National Council of Islamic Religious Affairs (MKI), to present the decision of the court.
Mohd Na’im has also directed the Department of Islamic Development Malaysia (Jakim) and the Syariah Judiciary Department Malaysia (JKSM) to obtain the written judgment of the case for the purpose of studying and further planning.
“The reasons for the judgment of this case will be studied and further planning will be made to ensure that the agenda to further improve and empower Syariah Courts will be continued in Malaysia,” he said.
In addition, he mentioned that the Federal Government’s committee to study the competency of the state assemblies will also be involved in studying the decision and presenting it to the MKI and the Council of Malay Rulers.
Addressing the public, Mohd Na’im urged all parties to remain calm and not resort to provocations that may lead to public unrest, as the Syariah Court’s existence is guaranteed by the Federal Constitution.
Earlier on Friday, the apex court allowed the application by a mother and daughter duo who challenged 18 provisions under the Kelantan Syariah Criminal Code Enactment 2019 in an 8-1 majority decision. Chief Justice Tengku Maimun Tuan Mat ruled that Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47, and 48 of the Kelantan Syariah Criminal Code (1) Enactment 2019 were null and void. The sole dissenting judgment came from Chief Judge of Sabah and Sarawak, Justice Abdul Rahman Sebli.
