KUALA LUMPUR: The Federal Court's ruling that 16 Kelantan Syariah Criminal Enactment provisions are unconstitutional does not mean Muslims in the state cannot be prosecuted for the offences.
The Syariah Judiciary Department, in a statement, said the offences remained "valid".
"It's essential to understand that this verdict does not imply immunity for Muslims in Kelantan from the consequences of these offences.
"Rather, it means such cases cannot be prosecuted in syariah courts but can be addressed in civil courts."
Thus the department said the statement by some parties suggesting that the court had invalidated offences such as alcohol consumption is inaccurate.
"When the court declares an offence like incest null and void, it does not mean that such actions cease to be offences for Muslims in Kelantan.
"The invalidation occurs because the Federal Penal Code governs these matters. If a Muslim in Kelantan commits incest, he can be prosecuted in a civil court.
"Furthermore, the penalties prescribed by the Federal Penal Code are more severe than those in the Kelantan Syariah Criminal Enactment."
The department regarded the Federal Court's decision as a reaffirmation of Islamic legislation.
"The verdict underscores the alignment of discretionary punishment in syariah courts with the Penal Code of the civil courts, highlighting the harmony between the civil and syariah jurisdictions."
Communications Minister Fahmi Fadzil yesterday said Tan Sri Muhyiddin Yassin's statement about the court's decision was inaccurate.
The Perikatan Nasional chairman claimed that the court ruling meant acts against Islamic law would no longer be offences in the state.
"Muhyiddin is spreading fake news," said Fahmi, who is also the spokesman for the unity government, on his X account.
The Federal Court decision was delivered by Chief Justice Tun Tengku Maimun Tuan Mat, who led a panel of nine judges.