Kelantan’s bid to re-enact 16 shariah provisions could trigger constitutional crisis: Hamid Sultan
The Kelantan government’s bid to re-enact provisions struck out from the state’s shariah criminal enactment is not only an exercise in futility but also a constitutional crisis in the making, said former Court of Appeal judge Datuk Hamid Sultan Abu Backer.
(Scoop.my) – He told Scoop that while the judiciary has no jurisdiction over decisions made at the parliamentary or state legislative level, the implementation of the nation’s laws would be affected if pillars such as parliament and state assemblies were constantly at odds with the Federal Court’s decisions.
“The rule of law will collapse if no harmony (exists) between the three pillars, as separation of power requires each pillar to respect their constitutional roles, or else, in its absence, law and order will not function smoothly,” he said when contacted.
However, he said it was possible to formulate a simple methodology to reach a solution to enact state legislation that falls within the spirit and intent of the Federal Constitution.
Earlier today, the Kelantan state legislative assembly unanimously passed a motion to re-enact 16 provisions under the state’s shariah criminal enactment.
The motion, which was read by Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah, received unanimous agreement from all members, including those of the opposition.
Earlier media reports quoted Mohd Asri Mat Daud, the state exco member who is in charge of Islamic affairs, as saying that he would present the motion to a special committee.
Other law experts, such as Rajesh Nagarajan, believed the motion passed in Kelantan’s state assembly today was clearly an act in contempt of court.
“The state assembly, despite knowing full well that it does not have the powers to enact criminal law that falls under the Federal Lists, is behaving in contravention of the Federal Constitution.
“A body, where the individual members have sworn to uphold the constitution, is acting in direct contradiction to the constitution,” he told Scoop.
“I dare say that no state has behaved in such a blatant and illegal manner previously. The state assembly has acted in a contemptuous manner.”
