Special state assembly committee to review existing Shariah enactments after Federal Court ruling, says Perak Speaker
IPOH, Feb 16 — Perak Speaker Datuk Mohammad Zahir Abdul Khalid said today that a special committee from the Perak State Legislative Assembly will review and study the existing Shariah criminal enactments in the state.
However, in order to do so, Zahir said that the committee needs consent from Sultan Nazrin Shah first as matters pertaining to Islamic religion and Malay affairs need the approval of the Malay Ruler as per the state Constitution.
“The special enactment committee hasn’t started their sitting yet.
“The Federal Court just made the decision and we will study. The committee will take note of the decision and will review the existing [Shariah criminal] enactments,” he told a press conference at the Perak Darul Ridzuan Building here.
Zahir said this when asked if the latest State Legislative Assembly sitting will discuss the matter related to the enactments after the Federal Court last Friday 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.
Thus, Zahir said that the matter will not be discussed in the latest State Legislative Assembly sitting which is scheduled to start on March 1 and will continue for another four days from March 4 to 7.
“The special committee was established by the Sultan for the purpose of discussing matters related to the Islamic religion and Malay affairs.
“Once they have discussed the matter, it will be brought to the Perak Islamic Religious Affairs and Malay Customs Council’s (MAIPk) sitting. And only after that will the matter be brought to the State Legislative Assembly.
“I’m not sure about other state Constitutions, but this is what stated in the Perak Constitution. So we need to wait on this,” he explained.
Lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman 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.
The Federal Court decided in their favour last week and declared that 16 out of 18 provisions of Kelantan’s Shariah Criminal Code (I) Enactment 2019 were invalid, as the Kelantan state legislative assembly had overstepped its powers or had no powers to make such laws.
