New: Apex court strikes 16 provisions in Kelantan Shariah criminal code

The Federal Court of Malaysia has invalidated 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019, deeming them unconstitutional. Chief Justice Tengku Maimun Tuan Mat, in an 8-1 majority decision, asserted that the state assembly lacked the authority to pass these provisions, as the offences fell under federal law jurisdiction.

Apex Court

However, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli dissented, viewing the constitutional challenge as an abuse of court process. The challenge, initiated by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, contested the Kelantan assembly’s authority to enact laws on criminal matters. A win for Nik Elin at the Apex court.