Malaysia’s shariah courts remain intact, says minister

“I will also immediately convene all relevant stakeholders and parties involved with the shariah courts to discuss and evaluate the next steps to strengthen the shariah courts.

(FMT) – Religious affairs minister Na’im Mokhtar has assured the Muslim community that the shariah courts will remain intact,  with their status clearly guaranteed by the Federal Constitution.

He was responding to the Federal Court striking down 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019, on the grounds that they are unconstitutional.

“I will also immediately convene all relevant stakeholders and parties involved with the shariah courts to discuss and evaluate the next steps to strengthen the shariah courts.

“If there is a need to make any amendments or legal reforms, we will do so promptly,” he said in a statement.

He also said that he will immediately request an audience with Yang di-Pertuan Agong Sultan Ibrahim.

“I will request an audience immediately with the King and (his deputy) Sultan Nazrin Shah to inform them of the court’s decision today,” he said.

Announcing the 8-1 majority decision, Chief Justice Tengku Maimun Tuan Mat said the Kelantan legislative assembly has no power to pass the provisions as part of the enactment as the offences in question are covered under federal law.

Lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman filed the constitutional challenge in 2022 seeking to question the assembly’s authority to pass the enactment.

They said that the power to legislate on criminal matters belongs exclusively to the Dewan Rakyat and that state assemblies can only enact laws related to the Islamic faith.