KOTA BARU: The Kelantan State Assembly has a responsibility to uphold the Islamic legal system, says Datuk Seri Tuan Ibrahim Tuan Man.
This comes after the Kelantan State Assembly passed a motion to re-enact the 16 criminal provisions in the Kelantan Syariah Criminal Code Enactment (1) 2019 that were deemed unconstitutional by the Federal Court.
The Pas deputy president today said legislation of the state's Islamic legal system comes under the state assembly.
He said Pas welcomed the decision by the Kelantan State Assembly to re-enact the laws taking into account some of the weaknesses to overcome the existing problems.
"The Kelantan State Assembly's actions can serve as a guide to other state assemblies to overcome similar weaknesses (in their Islamic laws)," said Tuan Ibrahim to NST.
The Kubang Kerian MP, however, said Pas would continue to urge the government to amend the Federal Constitution to give states the authority to enact and enforce Syariah criminal enactments.
Yesterday, the Kelantan State Assembly unanimously passed a motion for the re-enactment of 16 criminal provisions in the Kelantan Syariah Criminal Code Enactment (1) 2019, which were deemed unconstitutional and invalid for enforcement in the state.
On Feb 9, the that 16 provisions in the Kelantan Syariah Criminal Code Enactment (1) 2019, were unconstitutional because the state assembly did not have the power to enact laws on matters that are supposed to be legislated by Parliament.
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.
The duo contended that the power to legislate on criminal matters belongs exclusively to parliament, with state assemblies only given the right to enact laws concerning the Islamic faith.