KUALA LUMPUR: A PKR member of parliament says the Federal Court's decision nullifying 16 provisions of the Kelantan Syariah Criminal Code Enactment doesn't take into account the state's politics, history and culture.
Pasir Gudang MP Hassan Abdul Karim, in a post on Facebook, said the decision should have been fair to people in the state who wanted the teachings of Islam to be upheld.
"We adhere and respect the constitution and the decision of the Federal Court.
"I am not a member of Pas, but a PKR MP, who supports the policy of various races and religions in Malaysia so that we are fair to not only the Pas government in Kelantan, but also the majority of people of Kelantan who want the teachings of Islam to be upheld.
"This matter (the decision in the case of lawyer Nik Elin Zurina Nik Abdul Rashid) cannot be decided by the Federal Court, but must be done via the people's justice court ('mahkamah keadilan rakyat').
"When we talk about winning and losing, about the majority and the minority, then there is benefit if we reflect on what Mahatma Gandhi said: 'In matters of conscience, law of majority has no place'."
On Friday, the Federal Court ruled that 16 out of 18 provisions under the Kelantan Syariah Criminal Code Enactment were unconstitutional.
Chief Justice Tun Tengku Maimun Tuan Mat said the legislative powers of the federal and state governments had been determined by the constitution in the Federal List and state list.
She said neither Parliament nor state legislative bodies could enact laws beyond their list.
The constitutional challenge was initiated by Nik Elin, a lawyer born in Kelantan, and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, on May 25, 2022.
Hassan said three aspects — politics, history and culture of Kelantan, which were not included in the consideration of the nine Federal Court judges involved — should also be examined.
"What was decided by the Federal Court was not an issue of conscience, but a constitutional issue.
"One thing that needs to be thought about are the members of the Kelantan state assembly, the majority of whom are Pas assemblymen.
"Were they unaware that the enactment passed is in conflict with the constitution?
"I believe they were aware of it because the Kelantan government is not reckless.
"The Pas government is also not an amateur government that has ruled the state for only a year or two.
"There is a state legal department where the members are skillful and understand the constitution."
Hassan said the enactment was a manifestation of the wishes of the majority of the people of Kelantan, who had elected the Pas-led government in eight consecutive general elections since 1990.
"Ninety per cent of Kelantan folks are Malay Muslims.
"For more than 33 years, they have voted for Pas, an Islamic party that carries an agenda to uphold syariah law in the state.
"The people voted for Pas through the ballot box, not through threats and coercion."