KUALA LUMPUR: Parti Pribumi Bersatu Malaysia (Bersatu) said a landmark ruling on Kelantan's Syariah criminal enactment today will allow secularism to encroach further into Malay and Islamic society.
Its chief Wan Ahmad Fayhsal Wan Ahmad Kamal has called on the government to promptly enact a constitutional amendment to protect and uphold the position of Syariah criminal laws in Malaysia.
He claimed that Perikatan Nasional has consistently urged the government, under the leadership of Prime Minister Datuk Seri Anwar Ibrahim, to intervene and participate in this case to jointly defend Kelantan's Syariah criminal enactment.
Wan Fayhsal, who is also the Machang MP, expressed regret that this was not carried out.
He said the decision also holds significant implications for the power and role of the institution of the Malay Rulers as pillars of Islamic law and legislation across the country.
"This decision also raises concerns because Syariah criminal enactments in other states, similar to Kelantan's, are also in jeopardy and could be challenged at any time," he said in a statement today.
He said this ruling implies that anyone can approach the federal court and contest the provisions of state Syariah laws, even if they are not directly affected or have locus standi in the case.
However, the issue of locus standi was raised in the dissenting judgement by the Chief Judge of Sabah and Sarawak, Tan Sri Abdul Rahman Sebli, in today's ruling.
"The government could have played a crucial role together with the Kelantan state government in opposing the challenges from Nik Elin," he said.
He described the decision of the Apex Court today as highly disappointing and concerning.
He said this could undermine the morale of the state legislative assemblies in upholding Islamic law based on the text and evidence of the Quran and Sunnah.
"It will create space for secularism to further encroach upon Malay and Islamic society.
Earlier today, the Federal Court, in a landmark ruling, stated that 16 out of 18 provisions under the Kelantan Syariah criminal enactment were unconstitutional.
Chief Justice Tun Tengku Maimun Tuan Mat said the legislative powers of the federal and state governments had been determined by the federal constitution in the federal and state lists.
She said neither Parliament nor the state legislative bodies could enact laws beyond their respective lists.
She ruled that Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47, and 48 of the Kelantan Syariah Criminal Code (1) Enactment 2019 were null and void.
The top judge also said the law being challenged was not determined or ordained by Allah, but by the State Legislature implemented by the Syariah Court.