Judiciary announces Islamic councils are allowed to attend Kelantan’s appeal on 20 Sharia crimes, says lawyer’s FB post is incorrect | Malay Post

KUALA LUMPUR, August 11 — The Malaysian judiciary announced today that the two Islamic religious councils were allowed to attend the Federal Court’s hearing on August 17 regarding the constitutional appeal of two Malaysian Muslims against 20 Sharia crimes under the Kelantan administration, as “amicus curiae” or friends of the court. State Law.

In a statement by the Editorial Office of the Federal Court of Malaysia, the office corrected the situation as it responded to a “false” Facebook post by Facebook user “Lukman Sheriff”, an account belonging to attorney Lukman Sheriff Alias.



In Lukman Sharif’s Facebook post yesterday, the lawyer said that Sisters in Islam (SIS) has so far achieved amicus curiae status in the case, allowing them to express their views, while the Malaysian Muslim Lawyers Association (PPMM) and Badan Peguam Syarie Wilayah He noted that Persekutuan (the Federal Territory’s Sharie lawyers’ legal professional body) allegedly could not be amicus curiae and would only be on the watch, and furthermore, the status of the other bodies’ application has yet to be determined.

But the Judiciary said, through the Registry, that Lukman Sharif’s Facebook post was “false and trying to confuse the public”.

Referring to the court records of Kelantan’s Federal Court cases regarding 20 Sharia crimes, the judiciary said that there are three legal entities allowed by the court to be amicus curiae: SIS, Kelantan Islamic Religious and Malay Customs Council (Maik), and Federal Territories Islamic Religious Council ( Maiwp).

The judiciary noted that SIS applied to the court as early as April 20, 2023 to become amicus curiae, while PPMM and Badan Peguam Syarie Wilayah Persekutuan applied only on August 4 and August 7. Two weeks after the 17 August hearing date.

This is despite the Federal Court setting the hearing date much earlier, on August 17.

When contacted by Malay Mail today, Surendra Ananth, the lawyer for the two Malaysians, said that the Federal Court has set the hearing date as August 17, on May 11, 2023. Malay Mail’s checks show that the case has been in the news since late 2022.

The Registrar also said the following are permitted to hold a follow-up briefing in the Federal Court’s proceedings in this case: PPMM, Badan Peguam Syarie Wilayah Persekutuan, Sharia Lawyers Association Malaysia (PGSM), Perlis Islamic Religious and Malay Customs Council (MAIPs) and the Malaysian Bar Association.

In the statement made by the courthouse, it was said, “The actions of some circles that make statements that may confuse the public are taken seriously by this authority and the public is asked to be more careful when making false news or posts on social media.”

On May 25, 2022, Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid and his daughter Tengku Yasmin Nastasha Tengku Abdul Rahman filed a constitutional appeal directly in the Federal Court under Article 4(4) of the Federal Constitution and named the state of Kelantan. single government.

Pursuant to Article 4(4), the validity of any law made by the Parliament or the state legislature may be questioned in court as the Parliament or state legislature does not have the power to make those laws. For such constitutional objections under Article 4(4), it may commence only if a Federal Court judge gives permission or permits.

On September 30, 2022, the Federal Court allowed the two women to begin their constitutional fight.

This means that the two women have overcome the initial hurdle, and a panel of Federal Court judges will decide whether the Kelantan state government has the power to pass the state law on 20 sharia crimes.

The Federal Court will consider the two women’s constitutional objections on August 17. Generally, courts do not have to make their decisions on the same day as the court hearing and can make their decision at a later date.

Asked today by the Malay Mail for further updates on the case, Surendra said that the Kelantan state government has applied to overturn the Federal Court’s 30 September 2022 leave order. According to court documents, the Kelantan state government applied to revoke the permit only on August 2, 2023.

Surendra told Malay Mail that the Federal Court’s application to revoke Kelantan’s leave order will be considered in a case administration on August 14, while the hearing on the two women’s constitutional appeal will take place on August 17, 2023.

Surendra confirmed today that the Kelantan Department of Islamic Religious Affairs (Jaheaik) has applied to become a party to or intervene in this case and no date has been set yet. According to court documents, Jaheaik submitted his application for intervention on August 9, 2023.

What is the Federal Court case about?

The two women’s objection ultimately argues that the Kelantan state legislature does not have the authority to enact these 20 Sharia provisions into a state law, but instead that it is the federal government that retains the power to legislate on such crimes under the Federal Constitution.

Through an appeal to the court, the two women want the Federal Court to declare that 20 provisions of Kelantan’s Syariah Penal Code (I) Act 2019 are null and void because the Kelantan state legislature has no power to make laws on these matters. .

Nik Elin Zurina, in an affidavit previously presented in court, provided a detailed list showing that all 20 contested provisions of Kelantan state law are in fact covered in numerous federal laws, such as the Penal Code, the anti-human Penal Code, etc., enacted by the Parliament. smuggling laws, gambling laws, the Hazardous Drugs Act, and laws on misleading food labels.

Kelantan’s Syariah Penal Code(I) Act 2019 was published on 31 December 2020 and lists more than 50 crimes and is said to come into effect on 1 November 2021.

The appeal of women’s courts is not about religion or defying any religious authority, but rather whether it is the federal or state government that has the power to legislate under the Federal Constitution for the crimes set forth in Article 20.

The question in this case is whether the Kelantan state legislature has exceeded its legislative power by exceeding its limited jurisdiction under the Federal Constitution, and whether this means that such laws will be invalid or have no legal effect.

Read here to learn more about the case.

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