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Takiyuddin: Government must give assurance that Islamic Law is safeguarded

KUALA LUMPUR: The government is told to guarantee that the Islamic Law, specifically the Syariah Criminal Offences Enactment which exists in all 14 states will not be challenged and remains a law for all Muslims in this country.

Speaking in Dewan Rakyat, opposition chief whip Datuk Seri Takiyuddin Hassan (PN-Kota Baru) said this is following various parties who question the validity of the Shariah Enactment in the Civil Court as well as the Federal Court.

Additionally, he said, some also challenged the competence of state legislative assemblies in enacting the Syariah Criminal Law that only applies to Muslims.

"I would like to ask the government, what steps have been and will be taken to ensure Islamic Law which exists in all 14 states is not challenged and remains as a 'personal law' for all Muslims?

"Isn't maintaining religion one of the five main pillars of Maqasid Syariah (objectives of syariah)?," he said during a debate session in the mid-term review of the 12th Malaysia Plan in the Dewan Rakyat today.

Takiyuddin said this in referring to the latest case being heard in the Federal Court involving Nik Elin Zurina Rashid and the Kelantan State Government.

In the case, Nik Elin Zurina requested that the Federal Court declare 20 provisions in the Kelantan Syariah Criminal Code Enactment (I) 2019 null and void.

Additionally, she also requested the court to declare that the Kelantan State Assembly does not have the authority to make an Enactment related to Syariah criminal offences that apply only to Muslims.

Takiyuddin said that based on the court record, the government did not bother to bring related Islamic Religious Institutions such as the National Council for Islamic Religious Affairs, the Islamic Development Department, the Federal Territories Islamic Religious Department and such to act as interveners or at least 'friends' of the court to defend the Islamic law together.

"Of course, the government knows that if the court approves this application, then all Syariah Criminal Enactments in all states are null and void and state assemblies do not have the authority to enact such laws."

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