Syariah laws: Umno will ask Jakim on constitutional amendment

Umno will ask relevant stakeholders to look into a suggestion to amend the Federal Constitution to empower syariah laws.

Its deputy president Mohamad Hasan said this includes the Islamic Development Department (Jakim) and Minister in the Prime Minister's Department (Islamic Affairs) Mohd Na'im Mokhtar.

However, he refuted claims that yesterday's Federal Court decision that nullified 16 Kelantan syariah criminal provisions was an attack on Islam or the syariah legal system.

"Regarding the suggestion to amend the Constitution… we will ask Jakim, the minister in charge of Islamic affairs, and other relevant stakeholders to look into whether there is a need to do that.

"This is so that the incident won't happen again because it will only tarnish the image of our judiciary or the syariah legal system.

"Whereas the (court decision) yesterday had nothing to do with undermining the status or power of the (syariah) courts," Mohamad (above) told reporters today after attending MCA Chinese New Year celebration in Kuala Lumpur.

The foreign minister was asked to comment on the opposition’s proposal yesterday urging Putrajaya and all stakeholders to discuss a constitutional amendment to empower the syariah legal system.

This came after a Federal Court bench of nine judges in an 8-1 majority decision decided to allow a petition by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman to nullify 18 Kelantan syariah criminal provisions.

The court ruled that Kelantan's legislature exceeded its state-making power contained in the State List (List II) of the Ninth Schedule of the Federal Constitution.

However, the apex court only allowed 16 out of the 18 to be invalidated.

Discrepancies

Mohamad said the Kelantan state government should have referred to the Constitution before legislating the state syariah laws.

What happened yesterday, he stressed, came about because the Kelantan state government had exceeded its authority when it legislated laws that were "redundant" with provisions that were already in the federal laws.

"This is not a problem like what some claimed to be a 'Black Friday' and such.

"Because, speaking from my experience during my tenure in (Negeri Sembilan) state government, when we want to legislate any criminal enactment or Islamic enactment laws, we will check with our legal advisers first.

"Then the legal advisers will check whether (what is being proposed) is redundant or not with the existing federal criminal laws," the former Negeri Sembilan menteri besar said.

Mohamad was also asked about Umno rejecting Housing and Local Government Minister Nga Kor Ming's proposal to nominate Chinese new villages in Selangor for a Unesco World Heritage Site status.

On this, he reiterated Umno's position that there is no necessity to make Chinese new villages as Unesco heritage sites.

He also believed that the contradicting stand would not impact the coalition government.

"This won't damage any relationship. Umno made our stand and as partners in the unity government, we must respect each others' views."

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