Fed Court rules 16 of the 18 provisions challenged in Kelantan syariah law as unconstitutional

The Star

The Federal Court  on Friday (Feb 9) has ruled that 16 provisions of the Kelantan Syariah state law as unconstitutional.  In an 8-1 majority decision, the apex court allowed the application by a mother and daughter duo who challenged 18 provisions under the Kelantan Syariah Criminal Code Enactment 2019.  Chief Justice Tengku Maimun Tuan Mat, who chaired a panel of nine judges, said the issue at hand was whether the Kelantan State Legal Authority had enacted the impugned law provisions within the ambit of the Federal Constitution.   Read more at https://shorturl.at/jvU04  WATCH MORE: https://thestartv.com/c/news SUBSCRIBE: https://cutt.ly/TheStar LIKE: https://fb.com/TheStarOnline

Transcript

00:00 The federal court in an 8-1 majority decision on Friday allowed an application by two Muslim

00:07 women to nullify 16 provisions under the Kelantan Sharia Criminal Code Enactment 2019.

00:14 The landmark decision was delivered by Chief Justice Tun Tengku Maimun Tuan Mat who led

00:20 a panel of nine judges.

00:23 Judge Tengku Maimun ruled that sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43,

00:33 44, 45, 47 and 48 of the Kelantan Sharia Criminal Code Subsection 1 Enactment 2019 are null

00:41 and void.

00:42 Chief Justice of Sabah and Sarawak, Datuk Abdul Rahman Sebly dissented.

00:48 Earlier outside the Palace of Justice, scores of past supporters had congregated to perform

00:53 a special prayer or solat hajat.

01:02 Dozens of the party's unit Amal members were also on the ground directing supporters.

01:08 The group had dispersed peacefully without any incident after the verdict.

01:12 Last year, Nick Ellen and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman, filed

01:17 a constitutional challenge against 18 provisions under Kelantan Sharia Criminal Enactment.

01:23 In the petition, the mother-daughter duo argued that these provisions, which included punishment

01:28 for incest, gambling, necrophilia, sodomy and sexual harassment, among others, were

01:35 "invalid as they were already covered by federal law".

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