Minister urges religious authorities to intervene in Nik Elin case
KUALA LUMPUR - State religious authorities, statutory bodies relating to Islam and religion related NGOs are urged to involve themselves in the Nik Elin Zurina against Kelantan government case either as an ntervener, watching brief or amicus curiae.
Religious Affairs Minister Datuk Dr Mohd Na'im Mokhtar said the case was in its proceeding stages in the Federal Court and any comments on it would be classified as sub-judice.
However, he said he would work together with Islamic authorities to ensure the Syariah laws that were enacted by the State Legislature was being implemented.
"The Ninth Schedule, List 2, State List of the Federal Constitution provides that the State Legislature has the power to enact Syariah criminal laws for offences related to the violation of Islamic principles.
"The provisions have been approved by the Sultan and the ruler in each state before it was enforced," he said in a statement on Monday.
He gave an assurance that the government would defend and improve the Syariah judicial institutions in Malaysia.
"The Religious Affairs Ministry in this matter would always cooperate closely with the state's Syariah's legal and judicial institutions which are under the Sultan and the ruler of each state," he said.
A Kelantan born lawyer and her daughter brought the challenge to the Constitution regarding the 20 provision of offences in the Syariah Criminal Code (1) Enactment.
Nik Elin Zurina Abdul Rashid and Tengku Yasmin Natasha Tengku Abdul Rahman claimed 20 provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019 were not legal as there were Federal laws that covered the same offences.
Both were of the opinion that the power to enact laws involving criminal matters was under the jurisdiction of the Parliament while the State Assembly was given the right to enact laws relating to Islamic faith.
Both individuals urged the court to declare that the provisions were null and void.