Ex-CJ defends striking down Kelantan shariah enactment provisions

Former chief justice Tengku Maimun Tuan Mat defended the Federal Court's 2024 decision to strike down 16 provisions in Kelantan's 2019 Shariah criminal enactment. The court ruled that these provisions were unconstitutional because they dealt with offenses that should have been handled by Parliament. Tengku Maimun emphasized that the decision was not aimed at undermining Islam or weakening the shariah courts.

The apex court's 8-1 majority decision was meant to delineate the boundary of powers, preventing potential legal anarchy and a violation of the federal system. Two years after the ruling, Kelantan passed a new 62-section law, but lawyer Nik Elin Nik Rashid later stated that at least 11 provisions could still be challenged in court.

Tengku Maimun, who retired in July 2025, highlighted the challenging responsibility of defending key institutions like the courts, noting that those serving in these institutions must have strong principles and never compromise them for popularity or external pressures.