Pas Should Admit Its Failure In Enacting Shariah Laws – Mujahid

KUALA LUMPUR, Feb 10 – Pas should just admit the 16 provisions under the Kelantan shariah enactment struck down by the apex court yesterday were emblematic of the state assembly’s shortcomings instead of trying to mislead the public, Mujahid Yusof Rawa said.

In a statement, the former religious affairs minister said that rather than own up to the Kelantan state assembly’s failure in enacting the law, Pas chose to push the narrative that the shariah courts were being “challenged”.

“The Kelantanese should ask which assemblymen approved the enactment and who was the Speaker presiding over the sitting at that time.

“These assemblymen failed to carry out their responsibilities, while the Speaker has tarnished the state’s assembly’s image.”

Yesterday, the Federal Court struck down the 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 because they are unconstitutional.

Announcing the 8-1 majority decision, Chief Justice Tengku Maimun Tuan Mat said the state assembly had no power to pass the provisions as part of the enactment as the offences in question are covered under federal law.

This led to Pas secretary-general Takiyuddin Hassan bemoaning the decision as a “dark day in history for Muslims”.

But Mujahid said any amendments to shariah laws depended on the Ninth Schedule of the Federal Constitution, which among others touched on the jurisdiction of the shariah courts.

“And this matter (the Ninth Schedule) is something the Pas assemblymen should be well aware of, especially the Speaker, whose job is to ensure that none of the enactments contravene the constitution.”

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