KUALA LUMPUR – Umno will continue to support all efforts to amend the federal constitution if such amendments contribute positively to religion and the nation.
Umno deputy president Datuk Seri Mohamad Hasan has said these efforts are pertinent to addressing pressing issues requiring immediate solutions to avoid any unrest.
“We support all efforts for amendments to the constitution deemed beneficial for both religion and the country.
“Umno will continue to support and strive for the betterment of the people. Any arising issues (concerning the people and the country) must be quickly resolved to avoid any uncertainties,” he said at MCA’s Chinese New Year reception at Wisma MCA earlier.
In response to the Federal Court ruling on Kelantan lawyer Nik Elin Zurina Nik Abdul Rashid’s case, the Rembau MP said the issue was not Islam or the shariah courts but rather technical challenges involving the enactment of shariah law in Kelantan.
“The Federal Court’s ruling is the highest of the judicial authority. It involves more technical concerns than legal ones.
“My opinion on this is that the Kelantan government needs to enact laws that do not overlap with those already constituted in federal law, as such overlap is not permitted by the constitution.
“So the issue is not Islam or the shariah court, but rather the issue of the Kelantan government’s decisions being ultra vires (beyond the scope of their authority), contradicting the provisions already present in the country’s constitution,” he added.
Mohamad said the allegation of a supposed “Black Friday” by the opposition did not hold ground following the top court’s decision.
“What should we do… as a former Negri Sembilan menteri besar, before considering any enactments regarding criminal enactment law or Islamic law, we will first consult with the state legal adviser to ensure there is no overlap with the criminal code at the federal level.
“This is crucial because, as stipulated in our constitution, states are prohibited from enacting laws that contradict or overlap with federal laws,” he explained.
When asked about calls to amend the federal constitution to strengthen shariah law, Mohamad said that the government would task the Islamic Development Department, or Jakim, the religious affairs minister, law minister and relevant stakeholders to assess the necessity of such amendments.
Yesterday, the Federal Court delivered the majority ruling in favour of Nik Elin and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman, when it struck out 16 out of 18 provisions challenged by the duo.
The duo, in 2022, initiated a constitutional challenge against 20 provisions under the Kelantan enactment.
However, they dropped two sections, namely Section 5 (false claims) and Section 37 (gambling), at the onset of the suit hearing.
Apart from these two, Chief Justice Tun Tengku Maimun Tuan Mat, also said that Section 13 (selling or offering children to individuals who are not of the Muslim faith or to morally objectionable Muslim individuals) and Section 30 (language that has the potential to incite unrest or disturb public order) out of the remaining 18 remaining provisions were legal.
This left 16 provisions that yesterday’s panel of justices declared null and void, including Section 14 (sodomy) and Section 48 (a person acting as a procurer between a female and male for prostitution purposes). – February 10, 2024