Nik Elin ruling not about weakening Syariah Court, says Tengku Maimun
BANGI: Former chief justice Tun Tengku Maimun Tuan Mat said the landmark ruling striking down provisions of Kelantan’s Syariah law as unconstitutional was never intended to undermine Islam or weaken the Syariah courts.
On February 9, 2024, the Federal Court declared 16 Syariah offences under the Kelantan Syariah Criminal Code (I) Enactment 2019 null and void. The ruling, delivered by an 8-1 majority panel chaired by former Chief Justice Tun Tengku Maimun Tuan Mat, was based on the principle of jurisdictional competence. Tengku Maimun emphasized that the Kelantan State Legislative Assembly had exceeded its powers by enacting general criminal laws, which are exclusively under Parliament's jurisdiction under the Federal Constitution.
She clarified that the court's decision was not intended to undermine Islam or weaken the Syariah courts, as some parties falsely claimed. Instead, the court's role was to correct the boundary of power and prevent a violation of the federalism system and legal anarchy. Tengku Maimun stressed the importance of integrity, urging individuals to uphold their principles even when no one is watching.
She also warned against the existence of an 'inner circle' within an organization, as it could undermine integrity by favoring a select group, shielding wrongdoers, or ignoring external views.
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- Keputusan kes Nik Elin bukan lemahkan Mahkamah Syariah, kata Tengku Maimun freemalaysiatoday.com
