The Chief Justice Tun Tengku Maimun Tuan Mat clarified that a legal challenge against Kelantan Shariah criminal laws isn’t blasphemy as they’re legislated by the state assembly persons, not by Allah or God. The Federal Court, in an 8-1 decision, voided 16 of 18 provisions under the Kelantan Shariah law, deeming them unconstitutional due to federal law overlap. Tengku Maimun explained Islamic law’s three punishments: hudud, fixed by Allah; qisas, retributive justice also from Allah; and takzir, left to authorities.
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Kelantan Shariah – man made
“Thus the Nik Elin case is not an issue of violating the religion. But the issue of COMPETENCE or the ability of the Kelantan Government to legislate. The laws that are made are not God’s laws but laws made by humans. The people here are members of the Kelantan State Assembly, the majority of whom are from the PAS party. This story of competence is not a new story. In 1993, when preparing the Kelantan Territory Law draft, it was already questioned. Many (of the enactments) do not follow Islam,” says a lawyer on the X platform. Read below:
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Kelantan Enactments
