KUALA LUMPUR: The Federal Court ruling that several provisions in the Kelantan syariah criminal code were unconstitutional could open doors for other parties to file similar challenges.
In acknowledging this, Minister in Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said it was difficult to prevent any parties from submitting similar petitions to challenge the powers granted to the state legislative assembly in the judicial independence context.
"Preventing any party from challenging any provision is quite difficult due to the Federal Court's ruling in the case of Nik Elin Zurina Nik Abdul Rashid (who filed the petition along with her daughter).
"Despite not being directly involved or having locus standi, the Federal Court ruled that Nik Elin had the right to challenge provisions in Kelantan.
"What was decided in the case of Nik Elin has opened the door for any party to submit an application to challenge any provision or law (of another state) as unconstitutional.
"(And) in the context of judicial independence, it is challenging to prevent any party from submitting an application to challenge the powers granted to the state legislative assembly," he said at a parliamentary special chambers session today.
Na'im also said such actions in trying to stop anyone from submitting applications was also challenging due to the concepts of separation of powers and judicial independence.
He said Article 128 of the Federal Constitution allows any party to challenge provisions enacted by state legislatures if they are perceived to exceed their jurisdiction.
Na'im was responding to a supplementary question from Datuk Ahmad Saad @ Yahaya (PN-Pokok Sena) regarding syariah criminal enactments that are subject to nullification without the need for the court to refer to the state legislative assemblies.
On Feb 9, the Federal Court, in a landmark ruling stated that 16 out of 18 provisions under the Kelantan syariah criminal enactment which had been challenged by Nik Elin were unconstitutional.
Chief Justice Tun Tengku Maimun Tuan Mat said the legislative powers of the federal and state governments have been determined by the Federal Constitution in the Federal List and State list.
She had said neither Parliament nor the state legislative bodies can enact laws beyond their respective lists.
The ruling was made following a petition filed in 2021 by Nik Elin and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman, also a lawyer.