Federal law still exists, Mujahid reminds Muhyiddin

Former religious affairs minister Mujahid Yusof Rawa has refuted Perikatan Nasional chairperson Muhyiddin Yassin’s claims that several acts will no longer be offences in Kelantan, following the Federal Court nullifying the validity of Kelantan's 16 syariah criminal provisions.

Speaking to Malaysiakini, Mujahid reminded the former prime minister that the acts were still offences under federal law.

“Do the laws (providing the offences) suddenly disappear? The answer is (the laws) are still there, but on a federal level.

“Muslims in Kelantan, if found guilty, can still be charged because they are subjected to the Federal Constitution.

“When the law (in the enactment) is nullified, that is a sign that it already exists on a federal level (with) heavier punishment,” Mujahid (above) said.

Yesterday, a nine-person bench chaired by Chief Justice Tengku Maimun Tuan Mat in an 8-1 split majority decision allowed lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman’s petition.

The family was challenging the constitutionality of 18 provisions in Kelantan’s Syariah Criminal Code (I) Enactment 2019.

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

Among the invalidated provisions are destroying a place of worship (Section 11), sodomy (Section 14), necrophiliac sexual intercourse (Section 16), bestiality (Section 17), and sexual harassment (Section 31).

Other struck down controversial Kelantan syariah criminal offences are possessing false documents and giving false information (Section 34), intoxication (Section 36), reducing scale measurement (Section 39), transactions that go against hukum syarak (Section 40), carrying out transactions involving usury (Section 41), and abuse of halal label (Section 42).

Streamlining syariah law

Taking to Facebook, Muhyiddin later claimed that acts of going against Islamic law will no longer be regarded as an offence in Kelantan.

He added that if any party challenged the position of syariah law in other states, it would also be declared invalid based on the precedent set by the court.

Commenting further, Mujahid said he had mobilised a civil and syariah committee during his tenure as minister as he predicted these overlapping issues.

"There are states with different punishments for the same crime, so I worked towards streamlining syariah law in all states.

“This committee would check on which provisions conflicted (with federal law) and I included rehabilitation as opposed to whipping, fine and imprisonment,” he added.

However, in an interview with Malaysiakini last December, Mujahid said efforts to coordinate legal allocations for all states were disrupted when the Pakatan Harapan government led by Dr Mahathir Mohamad collapsed.

'Attempt to spread defamation'

Meanwhile, finance minister political secretary Muhammad Kamil Abdul Munim said PAS needed to admit their weaknesses in enacting Syariah laws.

He said this in response to PAS secretary-general Takiyuddin Hassan who dubbed the Federal Court’s ruling as "black Friday" for the country's syariah judicial system.

“This is what the PAS leadership deliberately failed to understand... The #blackfriday campaign being played is nothing more than an attempt to stir slander.

“PAS is arrogant and refuses to admit weakness, but uses the narrative of 'Islam is threatened' and rides on sentiment to cover up their weakness," he added.

Full minority dissenting judgment in syariah challenge

Syariah laws: Umno will ask Jakim on constitutional amendment

Summary of apex court judgment in Kelantan syariah challenge

Pejuang lawyer reminds Muslims' faith not compromised

Discuss amending Constitution to empower syariah system - Hamzah

CJ: Position of Islam, Syariah Court unaffected by K'tan case ruling