The Terengganu government is awaiting a Federal Court decision before it decides whether or not to repeal the state's Syariah Criminal Offence (Hudud and Qisas) Enactment, which was enacted during the previous administration under PAS.

Parliamentary secretary for the Prime Minister's Department Dr Mashitah Ibrahim said the new state government, led by Barisan Nasional (BN) since March, is taking steps to "rectify the mistakes" made by PAS.

However, she said the Federal Court has yet to deliver judgement as to whether the enactment is in conflict with the Federal Constitution.

"The issue taken to court was pertaining to the Hudud and Qisas enactment in Kelantan but that issue is similar to the question of Hudud and Qisas in Terengganu," she said in a parliamentary written reply to Lim Kit Siang (DAP-Ipoh Timor) yesterday.

"Therefore, the BN-led Terengganu government will take suitable action in accordance with the decision to be made by the Federal Court."

Law challenged

Senior lawyer Zaid Ibrahim was granted leave in July 2002 to challenge the Kelantan Syariah Code (II) Enactment 1993 in the Federal Court.

Last November, he was granted similar leave by the Federal Court to challenge the authority of the PAS-led Terengganu government (then) over the passage of the Syariah Criminal Offence (Hudud and Qisas) Enactment 2002.

Zaid, who is Kelantan Umno deputy chief and the newly-elected Kota Bahru MP, is seeking the court's declaration that the enactment is "null and void" as the crimes punishable under the enactment are also punishable under federal laws.

He also wants the court to declare that the PAS-led Terengganu government (then) "had no legislative power to initiate or pass any legislation for the creation of punishment of any acts punishable under the federal laws".

Elaborating, Mashitah said the Federal Constitution empowers the state government to enact Islamic laws as long as the laws do not contradict the Federal Constitution.

"Hudud and Qisas are included in the Islamic laws. Hudud and Qisas indeed are to grant justice to all parties," she said.

"Nonetheless, if the government opines that the Hudud and Qisas law passed by the PAS government is against universal principles of justice, the government will not implement these laws."

She added that the Terengganu legislative assembly has yet to be convened and that the state government is currently delivering the pledges made in the BN election manifesto.

The Terengganu legislative assembly is scheduled to sit on Sunday and Monday.