PUTRAJAYA, Feb 9 — Lawyer Nik Elin Zurina Nik Abdul Rashid said the Federal Court’s ruling today on the constitutionality of several provisions under the Kelantan Shariah criminal enactment is a testament to the Federal Constitution as the supreme law of the nation.
Earlier, the Federal Court ruled that 16 out of 18 provisions under the Kelantan Shariah criminal enactment as unconstitutional, ruling that the Kelantan State Legislature does not have the power to enact laws on said offences because there are federal laws covering the same.
Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges, delivered the majority verdict of 8-1 in the constitutional challenge filed by Nik Elin and her daughter Tengku Yasmin Nastasha Abdul Rahman.
“With today’s decision, I think everyone agrees there was a constitutional breach (in the provisions’ enactment) but (at the same time) endorses the Constitution’s supremacy.
“As a lawyer and officers of the court, I believe it is our duty as legal practitioners to uphold and safeguard the rule of law.
“I did this not for myself but for all,” she told reporters at the Palace of Justice here.
Acknowledging the court’s ruling, Nik Elin said her challenge had nothing to do with Islamic doctrines but rather the competency of state legislative assemblies as determined by the Federal Court.
She also expressed gratitude now that the case has been fully disposed of after being subjected to harassment and persecution from parties claiming her court challenge was an attempt to undermine the position of Islamic law and the Shariah Courts.
Lawyer Datuk Malik Imtiaz Sarwar represented her in court.
Nik Elin, a native of Kelantan, along with her daughter Tengku Yasmin Nastasha Abdul Rahman, filed a petition directly with the Federal Court under Article 4(4) of the Federal Constitution, naming the Kelantan government as the sole respondent in this case.
The duo had challenged the constitutionality and validity of 18 provisions under the Kelantan Shariah Criminal Code (l) Enactment 2019, claiming that the Kelantan State Legislature does not have the power to enact laws on these offences because there are federal laws covering the same.
Through the court challenge, the two women sought the Federal Court to declare that 18 provisions of Kelantan’s Shariah Criminal Code (I) Enactment 2019 are invalid, arguing that the Kelantan state legislative assembly had overstepped its powers or had no powers to make such laws.
In today’s ruling, Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli was the only judge who dissented or disagreed with the majority.
Other judges on the nine-member panel are President of the Court of Appeal Tan Sri Amar Abang Iskandar Abang Hashim, Chief Judge of Malaya Tan Sri Mohamad Zabidin Mohd Diah; Federal Court judges Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan and Datuk Abu Bakar Jais.
