The Federal Court is not attempting to undermine Islam or the Syariah Court while hearing the case of the constitutional challenge to the Kelantan Syariah Law.
Chief Justice Tun Tengku Maimun Tuan Mat said the issue in the legal dispute concerns the competency of the enactment in the Kelantan Syariah law.
She urged people, especially those directly involved in the case, to refrain from disseminating distorted information about the issue to prevent misconceptions among the public.
“So much has been said by so many people on the petition which a lot of it is the distorted version of what the real issue is before us.
“The issue in this petition is not about undermining the position of Islam or the Syariah Courts in the country.
“The issue arising out of the petition is simply about the competency of the Kelantan State Legislative Assembly to enact the impugned provisions,” she said at the outset of today’s proceeding.
The top judge made this statement after one of the lawyers involved in the proceedings publicly made controversial remarks regarding the matter.
Tengku Mainum said the statement made by lawyer Yusfarizal Yusoff who appeared for the Terengganu Islamic Religious and Malay Customs Council, was extremely uncalled for.
On Sept 6, Pas’s mouthpiece Harakahdaily quoted Yusfarizal as saying that the case was the final point before a ‘gravestone’ is placed upon the Syariah Court in this country.
Tengku Maimun also reminded all parties to uphold the rule of law and avoid injecting political sentiment into the case.
“We would like to remind lawyers that you are bound by the ethics of your profession, and you know very well that it is not appropriate to discuss pending cases at a public forum, more so when you fail to disclose the full facts of the case.
“The statement that ‘Mahkamah Syariah akan berkubur di Malaysia’ (The Syariah Court will be buried in Malaysia), is untrue,” she added.
In today’s proceedings, Tengku Maimun who led the nine-member bench heard submissions from the remaining parties in the case including Malaysian Bar, Sisters in Islam, and the Perak and Terengganu state Islamic councils.
The court has reserved its judgment and will set a later date to deliver its verdict.
Other members of the bench were Court of Appeal president Tan Sri Abang Iskandar Abang Hashim, Chief Judge of Malaya Tan Sri Mohamad Zabidin Mohd Diah, Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, and federal court judges Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan, and Datuk Abu Bakar Jais.
The court challenge was filed by Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman on May 25, 2022, directly at the Federal Court via Article 4(4) of the Federal Constitution, with the Kelantan state government named as the respondent.
The duo claim that 20 provisions contained in the Kelantan Syariah Criminal Code (I) Enactment 2019 are invalid as there are federal laws covering the same offences.
The provisions touch on false claims, destroying and defiling places of worship, prostitution and various other sexual offences, including homosexuality, giving false evidence, and forgery of documents.
The duo contend that the power to legislate on criminal matters belongs exclusively to Parliament, with state assemblies only given the right to enact laws concerning the Islamic faith.
They want the apex court to declare these provisions null and void.
Earlier, more than 1,000 people, mostly PAS members, gathered at the Palace of Justice in Putrajaya to “support and defend” the shariah courts.
The crowd had gathered since 8am, with several coming all the way from Kelantan, Kedah and Terengganu.
Some were spotted with Palestinian flags while others held up placards saying “Defend Kelantan’s shariah enactments”.
The demonstration is said to be organised by a group calling itself “Gerakan Selamatkan Syariah” — Malay for “Save Shariah Movement” — but a number of Opposition MPs and party leaders from Islamist PAS were seen among them.
Among those who addressed the crowd was PAS deputy president Datuk Seri Tuan Ibrahim Tuan Man who claimed the constitutional challenge to be a threat to the state government’s right to enact Islamic laws.
Parti Bumiputera Perkasa Malaysia president Ibrahim Ali, who was also present at the gathering, told the crowd that being Malay does not necessarily make a person a moral Muslim.
He claimed that Malaysian Muslims who do not stand up for Shariah law might lose their homeland, without elaborating how.
He added that it was also the Rulers’ duty to uphold Shariah law in Malaysia.
Opposition Leader Datuk Seri Hamzah Zainudin called on those present in the gathering and others nationwide to unite to protect Shariah laws, saying these laws are for the country’s future.
Referring to Sultan Sharafuddin Idris Shah, Hamzah claimed that the Selangor Ruler who was also chairman of the National Council of Islamic Religious Affairs had called on the government back in August to review and modify the Federal Constitution.