KUALA LUMPUR: The Institute of Islamic Understanding Malaysia (IKIM) will launch an initiative to give accurate facts related to the ruling passed by the Federal Court recently on the Kelantan criminal syariah enactment.
Its director-general Datuk Dr Mohamed Azam Mohamed Adil said the initiative is necessary so that people understand the issue surrounding the decision by the apex court ruling to nullify 16 provisions in the enactment.
"Chief Justice (Tun Tengku Maimun Tuan Mat) stressed that the issue (case) is nothing about the position of Islam or Syariah Court….
"… But it is all about whether the provisions (in the Kelantan syariah criminal enactment) are accordance with the limitations determined by the Federal Constitution or otherwise," he said in a statement today.
He described the punishments for offences under the civil and syariah laws as takzir (man-made laws).
"Therefore, there is no issue about challenging (questioning) the position of Islamic laws or syariah court," he said.
IKIM, he said, also plans to hold a round table conference or discussion that involves the participation of experts in an effort to relay the correct legal information.
He added that the institute will continue to relay the right information through its radio programmes, reading materials as well as through the social media.
"IKIM calls for all parties to get true and accurate facts on the case," he said.
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.
Tengku Maimun, 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 Natasha Tengku Abdul Rahman on May 25, 2022.