KUALA LUMPUR: Syariah courts will not be weakened by a constitutional challenge to 18 provisions of the Kelantan Syariah Criminal Code Enactment, said Yayasan Dakwah Islamiah Malaysia (Yadim).
The Federal Court will rule on the case tomorrow.
Yadim president Datuk Hasanuddin Mohd Yunus said the court's decision would provide a point of certainty regarding the competence of the state legislative assembly to enact legislation related to Islam.
"This decision will also ensure that the syariah court operates within the appropriate framework according to the Federal Constitution and will prevent any challenge to syariah court decisions in the future.
"Yadim believes that the justice system in Malaysia remains intact based on the principles of the rule of law and the Federal Constitution.
"The judges on the panel for this case have also pledged to uphold these constitutional principles," he said in a statement today.
Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Natasha Abdul Rahman, filed a petition on May 25, 2022, to challenge the constitutionality and validity of 18 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019.
They contended that the power to legislate on criminal matters belonged exclusively to Parliament, with state legislatures only given the right to enact laws concerning the Islamic faith.
Hasanuddin said Yadim called on Muslims to remain calm and accept any decision made by the apex court.
He said Yadim believed the Conference of Rulers and the government led by Prime Minister Datuk Seri Anwar Ibrahim would take proactive action after the decision was made, to ensure that the administration of Islam was in accordance to the law and the constitution.
"Yadim believes that the real issue in Nik Elin's case is not about challenging the sovereignty of Islam or encroaching on the jurisdiction of the syariah court, but rather a test of the principle of federalism, where the Federal Court will decide which laws should be enacted by Parliament and which laws should be enacted by the state legislative assembly," he added.
On Nov 19 last year, a nine-judge panel led by Chief Justice Tun Tengku Maimun Tuan Mat reserved the court's decision in the case.