PUTRAJAYA: The mother-daughter duo who launched a legal bid to challenge provisions in Kelantan Syariah law did not derive any personal benefit from the court's outcome.
Senior lawyer Datuk Jahaberdeen Yunoos said the petitioners only wanted to ensure that the adherence to the rule of law and protect the sanctity of the Federal Constitution.
"It is important that law-making bodies themselves, for example the state legislatures, adhere to the rule of law and constitutionalism.
"I am of the view that empowering Syariah courts is to ensure that legislation is properly passed and that what is labelled Syariah is indeed consistent with the Al-Quran and Sunnah.
"It is worrisome when politics, especially political parties, appear to attempt to exert influence on the judiciary or incite the public against a legal action allowed under the law," he said when contacted today.
A nine-member bench Federal Court today heard a constitutional challenge brought by a mother and daughter pairing that 18 provisions contained in the Kelantan Syariah Criminal Code (I) Enactment 2019 are unconstitutional.
However, Chief Justice Tun Tengku Maimun Tuan Mat reserved the judgment and will set a later date to deliver its verdict.
Jaharberdeen said the people should let the court decide whether the petitioners' arguments to challenge the impugned provisions are valid or vice versa.
He also lauded Tengku Maimun's remarks at the outset of the proceedings, reminding all parties to uphold the rule of law and avoid injecting political sentiment into the matter.
"It is unethical for lawyers, regardless of their motives, to misrepresent the legal action.
"It is shameful if they portray it as a challenge to Islam or the institution of Syariah," Jahabardeen added.
Tengku Maimun made the remarks after one of the lawyers involved in the proceedings publicly made controversial remarks regarding the matter.
The top judge said lawyer Yusfarizal Yusoff who appeared for the Kelantan state government, was extremely uncalled for.
"We would like to remind lawyers that you are bound by the ethics of your profession, and you know very well that it is not appropriate to discuss pending cases at a public forum, more so when you failed to disclose the full facts of the case," she said.
On Sept 6, Pas's mouthpiece Harakahdaily quoted Yusfarizal as saying that the case was the final point before a 'gravestone' is placed upon the Syariah Court in this country.
The constitutional challenge was initiated by Nik Elin Zurina Nik Abdul Rashid, a lawyer born in Kelantan, and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman on May 25, 2022.
The duo contended that the power to legislate on criminal matters belongs exclusively to Parliament, with state assemblies only given the right to enact laws concerning the Islamic faith.