KOTA BARU: The state government once again expressed its disappointment over a constitutional challenge on the 20 provisions contained in the Kelantan Syariah Criminal Code (I) Enactment 2019.
Menteri Besar Datuk Mohd Nassuruddin Daud said the move by the lawyer and her daughter also surprised the Pas-led government.
"It never crossed our mind that someone, particularly a Muslim would challenge this enactment in court.
"What upset us is that both of them are from Kelantan," said the Meranti assemblyman.
Nassuruddin said the state government hoped that Kelantan people would pray for a favourable outcome.
"The case will be heard in court on Nov 20 so l hope locals will join us in a special gathering schedule this Saturday (Nov 18).
"Apart from seeking Allah's help in the case, we also will prays for our brothers in Palestine," he said.
In a report previously, Nassuruddin said the provisions in the enactment should not be challenged as they had been approved by the Sultan of Kelantan in 2021.
He said the state government had discussed this enactment during the late Tan Sri Nik Abdul Aziz Nik Mat was the Kelantan menteri besar.
He added the lawyer had challenged the 20 provisions contained in the enactment, deeming them unconstitutional.
He also said Muslims should not keep quiet and must fight against this issue.
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.
They utilised Article 4(4) of the Federal Constitution to approach the Federal Court directly, listing the Kelantan state government as the respondent.
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.
In August this year, the Federal Court heard that 20 Kelantan Syariah Criminal Code (I) Enactment 2019 provisions are unconstitutional following a constitutional challenge brought by the mother and daughter pairing last year.
Lawyer Datuk Malik Imtiaz Sarwar argued in court that federal laws cover the same offences and that the power to legislate criminal matters belongs exclusively to parliament.
Malik further said that the state legislative assemblies (SLA) were only given the right to enact laws concerning the Islamic faith.