KUALA LUMPUR: The Islamic Development Department (Jakim) has been asked to coordinate the proposed amendments to the syariah criminal laws in states.
The Malaysian Syariah Lawyers Association (PGSM) made the call following the Federal Court's ruling last week involving the Kelantan's Syariah Criminal Enactment.
PGSM president Musa Awang said input on the proposed amendments should come from the states as they have more knowledge of the 'uruf' (customary) issues among the people there.
"The Federal Court's decision should serve as a catalyst for further empowerment of syariah laws and Syariah courts in the country, especially at state-level.
"Therefore, we hope that the proposed amendments would be coordinated at the federal level by Jakim," he told the NSTP.
Musa said the inconsistency in governance and procedures in some states was " quite exhausting and burdensome" for syariah lawyers.
"For example, for divorce or polygamy confirmation claims, there are states that initiate proceedings with 'summons and statement of claim', while there are others that use 'applications and affidavits'. Why can't we harmonise such small matters?"
On Friday, the Federal Court ruled that 16 out of 18 provisions in the Kelantan Syariah Criminal Enactment are unconstitutional.
These are Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47 and 48.
Chief Justice Tun Tengku Maimun Tuan Mat, who delivered the majority judgment, ruled that the essence of these provisions were matters under the federal list, which only the Parliament has the power to make.
The constitutional challenge was initiated by Nik Elin Zurina Nik Abdul Rashid, a lawyer born in Kelantan, and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman on May 25, 2022.