KUALA LUMPUR: Police have identified the owner of three social media accounts believed to have threatened lawyer Nik Elin Zurina Nik Abdul Rashid, following her action to challenge the provisions in the Kelantan Syariah Criminal Enactment (I) 2019.
Kuala Lumpur Police Chief, Datuk Allaudeen Abdul Majid, said three investigation papers were opened regarding the threats, including one that had been handed over to the Deputy Public Prosecutor (DPP) for further action.
"Last year, Nik Elin made three reports, and we opened three investigation papers, one of which has been completed and is with the DPP. The other two reports are still under investigation and we will complete them soon to hand over to the DPP," he said.
When approached by reporters after the monthly assembly at the Kuala Lumpur Contingent Police Headquarters (IPK), he said the DPP had issued specific instructions for police action.
However, these instructions did not include directives for prosecution and as of now, police made no arrests.
Last Saturday, Nik Elin Zurina informed that she received several death threats following her action to file a petition challenging 18 matters in the said enactment.
A day before that, the Federal Court declared 16 Syariah offences in the Kelantan Syariah Criminal Enactment (I) 2019, null and void, while the two challenged by Nik Elin and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, were declared valid.
The nine-judge panel chaired by the Chief Justice, Tun Tengku Maimun Tuan Mat, made the decision because the State Legislative Assembly enacted laws which it had no power to enact.
The decision was reached through a majority judgment of 8-1 with the Chief Justices of Sabah and Sarawak, Tan Sri Abdul Rahman Sebli, making a dissenting decision.
Tengku Maimun said the petition was allowed because the state legislative body enacted laws which it had no power to enact and had nothing to do with the status of Islam or syariah courts.
"The legislative powers of the Federal and State Governments are determined by the Constitution through the Ninth Schedule of the Federal Constitution which outlines the laws that can be made by Parliament and the state legislative bodies.
"The provisions made by the Kelantan state legislative body are matters within the Federal list, thus it has no power to make such laws," said the Chief Justice.
Tengku Maimun argued that the issue needed to be decided by the Federal Court, whether the state legislative body made the provisions within the limits set by the Federal Constitution or vice versa, had nothing to do with the status of Islam or Syariah courts in the country.
"Whether Islam or syariah courts are upheld or otherwise is not the question in this petition," she said, adding that in the case, the petitioner and the court cannot be said to be opposing Allah.
"This is because the challenged laws are not determined or decreed by Allah, but by the state legislative body," said Tengku Maimun.