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    HomeNewsMalaysiaNik Elin, daughter had no locus standi in Kelantan syariah law challenge,...

    Nik Elin, daughter had no locus standi in Kelantan syariah law challenge, says dissenting judge

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    PUTRAJAYA: Chief Judge of Sabah and Sarawak stated that the mother and daughter who challenged the Kelantan syariah law had no standing in the matter. Justice Abdul Rahman Sebli, who dissented from the 8-1 decision, said that Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman were not affected by the law as they were never charged under it.

    He further emphasized that the constitutional right of the petitioners was not affected by the law and they failed to demonstrate any actual controversy with the Kelantan state government or how they were affected by the provisions.

    Abdul Rahman also stressed the importance of ensuring that only petitioners with standing were allowed to continue their challenges.

    He labeled the legal challenge as an abuse of the court process and stated that the Federal Court had no basis to hear the merits of the case in the first place.

    Abdul Rahman noted that the government, represented by the Attorney General’s Chambers (AGC), did not become a party in the hearing.

    On Friday, a nine-judge panel ruled, by an 8-1 majority, that 16 out of 18 law provisions in the Kelantan Syariah Criminal Code Enactment 2019 were unconstitutional.

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