KUALA LUMPUR: It is "technically" correct to say provisions in syariah enactments in other states are still valid despite the nullification of 13 such laws in Kelantan, a legal expert said.
Lawyer Nizam Bashir said issues in the Kelantan syariah criminal enactment that led to the apex court's ruling on Feb 8 might not be present in syariah criminal enactments in other states.
He was asked to comment on the statement by Deputy Minister in the Prime Minister's Department (Religious Affairs) Dr Zulkifli Hasan in the Dewan Rakyat yesterday on issues surrounding the authority of the federal and state governments in relation to syariah law.
"He technically is correct in saying that until challenged, syariah enactment provisions in other states remain on the books.
"Issues with the Kelantan Syariah Criminal Code (I) Enactment 2019 may not be present in other syariah criminal enactments," he told the New Straits Times.
Nizam said Zulkifli was not "quite correct" in saying that under Article 72(2) of the Federal Constitution, matters pertaining to Islam is under the jurisdiction of the states.
"It is actually a legislative competence pursuant to Article 74(2) (read together with Item 1, List II of the Ninth Schedule) that matters pertaining to Islamic law is under the jurisdiction of the respective states."
He said it was important for all parties to take a closer look at the books, then look at the Federal Court's decision again.
"If there are issues, amend the (syariah) enactments. The key takeaway from the judgment is that there is no need to transform this country to betray its roots as a melting pot for people from many nations and all walks of life.
"Moderation, after all, is a cornerstone of Islam. Isn't that a good thing for this country to aspire towards?"