KUALA LUMPUR: The Kelantan state assembly has been advised against re-enacting the 16 nullified syariah provisions ruled as unconstitutional by the Federal Court.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said the state assembly should accept the court decision which rendered the 16 sections of the Kelantan Syariah Criminal Code (I) Enactment 2019 as void.
As such, any re-enactment of those sections would also be void, it said.
It said Kelantan State legislative assembly's move in passing a motion to re-enact the provisions is posing a challenge to the Federal Constitution, the Federal Court and the rule of law.
"The Kelantan state legislature must realise that it is bound by the Federal Constitution and the Federal Court decision," it said in a statement today.
It said the attorney-general, who is the guardian of public interest, the rule of law and protector of the constitution should advise the Kelantan state government against any move to re-enact the impugned provisions.
Kelantan's move to re-enact the impugned provisions would pose a serious threat to democracy and de-stabilises the country. it said.
"Everyone must act in the best interest of the country, protecting, upholding and defending our constitutional democracy," read the statement.
The state assembly on March 6 had 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 Kelantan.
On Feb 9, Chief Justice Tengku Maimun Tuan Mat, who chaired a nine-men bench, said the state assembly had no power to pass the 16 provisions as part of the enactment as the offences in question were covered under federal law.