KUALA LUMPUR: Pas has pledged to fully support the government's efforts to empower the Islamic judicial system in the country
Party deputy president Datuk Seri Tuan Ibrahim Tuan Man said the onus was now on the government to take advantage of its two-thirds majority support in Parliament to amend the Federal Constitution to strengthen the syariah courts.
He said this when responding to yesterday's Federal Court's ruling that 16 provisions in the Kelantan Syariah Criminal Code Enactment 2019 were unconstitutional.
"We from the Perikatan Nasional pledge full support for all efforts to amend the Constitution to alleviate the jurisdiction of syariah courts.
"If previously, Pas only had 18 members of parliament and the government at that time did not have a two-thirds majority as it does now. Now is the best time for the government to bring about constitutional changes to ensure that the syariah court is out in its rightful position," he said in a statement today.
Tuan Ibrahim urged the government to amend the Federal Constitution to anticipate any similar legal dispute on a state legislature's power to enact religious laws.
He said Pas hoped the nullification of the 16 provisions in the Kelantan syariah criminal code will serve as a lesson to other states.
"Despite being disappointed with this decision, on the other hand, we hope this will pave the way for the institutionalisation of syariah legislation, which should be its rightful position.
"Constitutional amendments must be immediately made to prevent any party from questioning the jurisdiction of the state legislation, state legislative assemblies and rulers in their role as the heads of religion who carry out duties as the protectors of Islam in their respective states."
Last year, Minister in the Prime Minister's Department (Religious Affairs) had said that the government intended to table an amendment to the Syariah Courts (Criminal Jurisdiction) Act 1965 — also known by its Malay initials RUU355 — following the green light given by the cabinet.
He had also said that the government would also table the Syariah Courts (Federal Territories) Bill in a bid to empower the Islamic judicial system.
Yesterday, the Federal Court ruled that 16 provisions in Kelantan Syariah Law are unconstitutional.
Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges, made the landmark ruling following a 8-1 majority verdict.
Prime Minister Datuk Seri Anwar Ibrahim had said yesterday that the Federal Court's ruling is purely about determining and distinguishing the powers of the federal government and the state government.
He had also said that the ruling had nothing to do with the federal government undermining the powers and position of the syariah law in the country.