Ex-CJ defends striking down Kelantan shariah enactment provisions

Former chief justice Tengku Maimun Tuan Mat defended the Federal Court's decision to strike down 16 provisions in Kelantan's 2019 shariah criminal enactment. The 8-1 majority decision, delivered on February 9, 2024, found that the Kelantan legislative assembly had overstepped its jurisdiction by enacting criminal laws that should fall under Parliament's authority.

The court emphasized that its role was to delineate the boundaries of power to prevent violations of the federal system and legal anarchy. Tengku Maimun clarified that the decision was not meant to undermine Islam or weaken the position of shariah courts, stating that the institutions only serve as arbiters of power. Following the ruling, Kelantan drafted a new law, which was unanimously passed by the state assembly on August 12, 2024.

However, lawyer Nik Elin Nik Rashid later noted that at least 11 provisions in the new enactment could be challenged in court. Tengku Maimun, who retired in July 2025, emphasized that defending key institutions like the courts is a costly responsibility that demands great moral courage and strong principles.