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Tengku Yasmin seeks many positives following apex court ruling on Kelantan Syariah Enactment

KUALA LUMPUR: Tengku Yasmin Nastasha Tengku Abdul Rahman has expressed hope that many positives would come following the apex court ruling on Friday involving the Kelantan Syariah criminal enactment.

In a post on the X app, Tengku Yasmin, 26, said she heard that the plan now was to harmonise the Syariah laws in the country.

"Hopefully, many positives can come from our petition and to the people of Malaysia, I hope you can somewhat appreciate our small victory," she wrote.

Tengku Yasmin and her lawyer mother, Nik Elin Zurina Nik Abdul Rashid, 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.

Earlier, on Friday (Feb 9), the Federal Court ruled that 16 provisions in the Kelantan Syariah Law were unconstitutional.

The only two provisions that remain status quo (constitutional) in the list are selling or giving away a child to non-Muslims or morally reprehensible Muslims (Section 13) and words capable of breaking the peace (Section 30).

Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges, made the landmark ruling. The decision came about from a 8-1 majority verdict.

Tengku Yasmin shared that for the last four days, she had not had enough sleep and could barely eat.

"Even after the 8-1 verdict in favour of our petition, I do not feel the best. While this legal triumph validates the merits of our challenge as affirmed by the Federal Court, it is disheartening to acknowledge the prevailing misinterpretation orchestrated by undisclosed entities, thereby distorting the true essence of our cause."

Recalling her legal quest since six months ago, Tengku Yasmin said when the case was first viralised by lawyers affiliated with a certain political party, both of them had been constant recipients of death threats and takfirs (declaring another Muslim a kafir or infidel) from that crowd.

"Her (Nik Elin) past writings were egregiously manipulated, taken out of context to portray her as a liberal.

"This deliberate mischaracterisation, orchestrated to serve vested interests, exemplifies the depths to which our adversaries stooped to undermine our endeavour."

In an exclusive interview with the New Straits Times' Beyond the Headlines podcast aired on Sunday, Nik Elin revealed that she received several death threats over her constitutional challenge to provisions under the Kelantan Syariah law and recently lodged three police reports regarding these threats.

Tengku Yasmin said it was imperative to clarify that their pursuit was driven by a singular motive; adherence to due process in the enactment and application of laws.

"Some even make insinuations about the funding that is needed in a process that's assumed to be costly. Let it be unequivocally stated that we neither sought nor received external funds.

"All associated expenses were privately borne, underscoring the integrity and independence of our cause."

She said the vitriolic campaign waged against them by adversaries manifested in baseless allegations, portraying them as threats to the sanctity of Islam in the country.

"Our petition merely sought a judicial review by the Federal Court to ascertain whether the State Legislative Assembly had exceeded its constitutional mandate, a principle enshrined in Schedule 9 of the Federal Constitution.

"Regrettably, our detractors resorted to ad hominem attacks, targeting my mother and attempting to link our case with the authority of the Malay Rulers. Such assertions are not only fallacious but also reflect a cynical ploy to deflect accountability onto our most revered institution.

"Let me reiterate unequivocally my unwavering allegiance to our rulers."

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