Duo Win Federal Court S Nod To Challenge Kelantan S 20 Shariah Offences Which Overlap With Federal Govt S Laws



The question in this court case is whether the Kelantan state legislative assembly overstepped its limited scope of powers under the Federal Constitution to make laws, and which means such laws would be invalid or having no legal effect.
(MMO) – Two Malaysian Muslims with ties to Kelantan have successfully obtained the Federal Court’s permission to proceed with a constitutional challenge to 20 Shariah offences under a Kelantan law.
The Kelantan government had resisted the court challenge by insisting that its state Islamic law — which contains those 20 Shariah offences — was valid and constitutional, and had also claimed the two women had no legal standing to file such a court case.
But the Kelantan government ultimately failed to convince the Federal Court that the duo’s court challenge should not be heard. 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 directly at the Federal Court via Article 4(4) of the Federal Constitution, with the Kelantan state government named as respondent.
Under Article 4(4), the validity of any laws made by Parliament or a state legislature can be questioned in court, based on reasons that Parliament or a state legislature did not have powers to make those laws.
They went directly to the Federal Court as it has exclusive jurisdiction to decide such questions, based on Article 128(1)(a) of the Federal Constitution. For such constitutional challenges under the Article 4(4) route, it can only start if a Federal Court judge grants leave or permission.
 
All OK to start challenge
On September 30, Federal Court judge Datuk Vernon Ong Lam Kiat heard arguments by lawyers for both the two women and the Kelantan state government, before deciding on the same day to allow the two women to commence their court challenge.
The judge ordered the duo to start proceedings for their constitutional challenge within 14 days of the court order.
This means that the two women have cleared the first hurdle, and that a panel of Federal Court judges will be hearing and deciding whether the Kelantan state government had the power to make the state law on the Shariah offences.
Following the Federal Court’s decision on September 30, the two women on October 13 filed the petition needed to start the hearing of the actual constitutional challenge on its merits.
Based on the court’s listing, the case is scheduled to come up for case management at the Federal Court on November 14.
The two women were represented by Datuk Malik Imtiaz Sarwar and Surendra Ananth in the September 30 online hearing, while the Kelantan state government was represented by Kelantan’s assistant state legal adviser Adam Mohamed.
What is being challenged and why?
The two women’s challenge ultimately argues that the Kelantan state legislative assembly did not have the powers to create these 20 Shariah provisions in a state law, as it is the federal government instead which holds the powers under the Federal Constitution to make laws on such crimes.
Through the court challenge, the two women are seeking for the Federal Court to declare that 20 provisions of Kelantan’s Syariah Criminal Code (I) Enactment 2019 are invalid and null and void, as the Kelantan state legislature has no powers to make laws on these matters.
Read more here


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

https://www.malaysia-today.net/2022/10/18/duo-win-federal-courts-nod-to-challenge-kelantans-20-shariah-offences-which-overlap-with-federal-govts-laws/

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Rm1mil Deposited Into Shahrir S Joint Account With Wife Court Told

Rm1mil Deposited Into Shahrir S Joint Account With Wife Court Told

papar berkaitan - pada 5/10/2022 - jumlah : 219 hits
Shahrir Samad is charged with failing to declare RM1 million which he received from Najib Razak to the Inland Revenue Board KUALA LUMPUR The High Court was told today that a cheque for the sum of RM1 million was deposited into a Public Isla...
216 Local Students Win Big In The Planet Legoland School Challenge

216 Local Students Win Big In The Planet Legoland School Challenge

papar berkaitan - pada 5/10/2022 - jumlah : 253 hits
Winners received prizes worth up to RM81 000 and a trip to LEGOLAND Malaysia ResortLEGOLAND Malaysia Resort has announced the 216 winners of the inaugural Planet LEGOLAND School Challenge Among the 200 submissions from schools nationwide 12...
Will Umno Bn Be A Legitimate Govt If They Win Ge15

Will Umno Bn Be A Legitimate Govt If They Win Ge15

papar berkaitan - pada 13/10/2022 - jumlah : 183 hits
If individuals do not occupy their legitimate position then it will be occupied by a god or a king or a coalition of interest groups If citizens do not exercise the powers conferred by their legitimacy others will do so John Ralston Saul Th...
Community Leaders Want New Federal Govt That Focuses On Welfare Rising Costs

Community Leaders Want New Federal Govt That Focuses On Welfare Rising Costs

papar berkaitan - pada 13/10/2022 - jumlah : 145 hits
Shoppers are seen at Kapit 8217 s Terasang Market KUCHING Community leaders here are hoping the coalition that forms the next federal government will continue to focus on the people s welfare especially those living in rural areas Penghulu ...
Sosma Provision Denying Bail Constitutional Says Federal Court

Sosma Provision Denying Bail Constitutional Says Federal Court

papar berkaitan - pada 6/10/2022 - jumlah : 110 hits
The Federal Court bench led by justice Vernon Ong said Samat Yamin was not a sick or infirm person and therefore under Sosma he could be denied bail PUTRAJAYA The Federal Court has ruled that a provision in the Security Offences Act or Sosm...
Resident Takes Selangor Govt To Court Over Decision To Demolish Shah Alam Stadium

Resident Takes Selangor Govt To Court Over Decision To Demolish Shah Alam Stadium

papar berkaitan - pada 14/10/2022 - jumlah : 171 hits
A Shah Alam resident Ahmad Mua Adzam Shah Ya akob today filed an application for a judicial review to challenge the decisions of the state government and menteri besar to demolish the Shah Alam Stadium and build a smaller one Ahmad Mua Adza...
Santiago S Suit Academic With Polls Set For Nov 19 Court Told

Santiago S Suit Academic With Polls Set For Nov 19 Court Told

papar berkaitan - pada 20/10/2022 - jumlah : 153 hits
Former Klang MP Charles Santiago is suing to stop the 15th general election from taking place claiming that caretaker Prime Minister Ismail Sabri Yaakob s actions were unconstitutional KUALA LUMPUR A lawyer for the Election Commission has t...
Flexeveryangle Challenge Show Off All The Best Angles As Unique As You With The Galaxy Z Flip4

Flexeveryangle Challenge Show Off All The Best Angles As Unique As You With The Galaxy Z Flip4

papar berkaitan - pada 12/10/2022 - jumlah : 263 hits
The Galaxy Z Flip4 is designed for young creators looking to express themselves in a new way This fun sized device comes with a brighter lens and enhanced processing power that provides you with even richer colour and contrast Enjoy the fre...
Gps Support Will Go To Strong Federal Govt Says Abang Jo

Gps Support Will Go To Strong Federal Govt Says Abang Jo

papar berkaitan - pada 24/10/2022 - jumlah : 160 hits
GPS chairman Abang Johari Openg said disunity had led to three prime ministers coming to power within one parliamentary term PETALING JAYA Sarawak s ruling coalition Gabungan Parti Sarawak will give its support to the party that can form a ...
Rasa Masakan Korea Soondubu Jigae Beef Di Dubuyo

China S President To Host Official Dinner For Anwar

Drama One Cent Thief 2 Lakonan Syafiq Kyle Azira Shafinaz

I Bought A Toy Like Vape Online Mp Tells Dewan Chamber

Tip Mudah Santan Berketul Jadi Elok Semula Letak Sehelai Daun Ini Saja

Unlocking Savings Expert Tips For Finding Discounted Cigarettes In Australia

India Secebis Kenangan Di India Random Photos

Kips Bay Decorator Show House Dallas 2024 An Exquisite Showcase Of Design


echo '';
Biodata Terkini Penyanyi Illa Sabry Peserta Gegar Vaganza 2024 Musim 11 GV11

Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council


Kecantikan Puteri Tunggal Mawi Ekin Dipuji Sweetnya Cahaya Malaika Copy Paste Mawi

Janna Nick Menangis Rayu Henti Tanya Soal Zuriat Pernah Cuba Ivf Tapi Gagal

Hukum Solat Jenazah Dua Kali Oleh Orang Sama

Kajian Tentang Teknik Humblebrag Di Media Sosial

Kisah Care Giver

Building Dreams One Brick At A Time Legoland Malaysia Resort Welcomes Malaysia S First Master Model Builder