Protesting Challenge Of Kelantan Laws May Be Contempt Of Court

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Perikatan Nasional leaders were slammed for planning protests against a legal challenge filed by lawyer Nik Elin Abdul Rashid and her daughter to nullify 20 Kelantan syariah offences.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST) in a statement said PN’s actions may amount to contempt of court.
“Any demonstrations held may be in contempt of court as the matter is still being heard by the Federal Court.
“The courts should be allowed to make a decision on the matter and no unjust pressure should be exerted upon the courts,” it said.
The council’s statement was issued in response to PN’s announcement on Nov 8 that it would stage a series of demonstrations to protest the legal challenge against the provisions under Kelantan’s syariah criminal enactment.
Kota Bharu MP Takiyuddin Hassan claimed that similar syariah enactments in all 14 states would be invalidated if the Federal Court allows the legal challenge by Kelantan-born Nik Elin and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman.
Kota Bharu MP Takiyuddin HassanIn 2022, Nik Elin and Yasmin filed a constitutional challenge against 20 provisions under Kelantan’s syariah criminal enactment, which they argued were invalid.
They argued that the provisions, which include punishments for incest, words that break the peace, and defiling places of worship, are already covered by federal law.
As such, they said the power to legislate on those criminal matters is solely under the jurisdiction of Parliament.
The duo filed the case directly with the Federal Court, which agreed to hear the constitutional challenge.
In the constitutional challenge, the syariah criminal provisions in Kelantan being challenged include those on false claims, destroying or defiling places of worship, sodomy, words than can break the peace, gambling, transactions contrary to Islamic law, abuse of halal label and connotation, offering or providing vice services, and acts of vice, incest, and pimping.
The apex court is set to resume hearing of the family’s challenge on Nov 20.
The council pointed out that the judicial challenge to decide on the validity of the 20 provisions passed by the state’s legislative assembly was the proper and lawful way of seeking the Federal Court’s decision.
Argue in court
Therefore, it asserted that the proper recourse for the defendants, which includes the Kelantan state government, is to argue the case in the Federal Court through their lawyers, which is underway.
“The plaintiffs (Nik Elin and Yasmin) are not challenging the status of Islam or the position of the rulers but are challenging the competency of the Kelantan state legislature to pass the said 20 provisions in their state enactment, which were originally passed on Nov 25, 1993.
“The MCCBCHST calls on all to unite and uphold the rule of law and the Federal Constitution.
“All must respect the separation of power and the independence of the judiciary.” - Mkini

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