Respect decision of Federal Court, position of Federal Constitution — Selangor Sultan
KUALA LUMPUR: Sultan of Selangor Sultan Sharafuddin Idris Shah Thursday said that all parties should respect the decision of the Federal Court and the position of the Federal Constitution as the supreme law of the country.
The Sultan said, in regard to the issues concerning the Kelantan Syariah Criminal Code Enactment, the most important thing to do is to look into possible methods of expanding the competencies of the State Legislative Assembly to enact Syariah criminal laws within the framework set by the Federal Constitution.
“This includes looking into the need to propose amendments to certain provisions in the Federal Constitution and/or any other related federal laws.
“This is to ensure that the power of the State Legislative Assembly to enact Syariah criminal laws is enshrined in the Federal Constitution without any ambiguity,” said His Majesty when presiding over the 71st meeting of the National Council of Islamic Religious Affairs (MKI) in Putrajaya Thursday.
On Feb 9, the Federal Court in an 8-1 majority decision allowed an application by two Muslim women to nullify 16 provisions under the Kelantan Syariah Criminal Code Enactment 2019.
Sultan Sharafuddin said, various parties, especially politicians, legal practitioners, academics and ordinary people have made various comments and interpretations on the court’s decision of the case.
“I don’t intend to be involved in the polemic. I have been informed that the special committee to study issues related to the competencies of the State Legislative Assembly in enacting Islamic law which was established upon my decree during the 70th MKI meeting on Aug 28, 2023, is currently looking into this arising issue,” he said.
The special committee was expected to, among others, conduct a study on issues related to the competencies of the State Legislative Assembly in enacting Islamic law; do a comprehensive analysis of existing laws and decisions of the apex court; make recommendations on the best and most harmonious coordination method; and to study possible approach to empower and elevate the Syariah Court and its jurisdiction in line with the Federal Constitution.
The Sultan said the special committee was given a year from the date of its establishment to present their findings and recommendations to the MKI, which would present them to the Conference of Rulers for consideration and approval.
In this regard, Sultan Sharafuddin also called on all parties, including legal experts, to assist the special committee by providing knowledgeable, thoughtful and practical suggestions to facilitate the committee in carrying out its duties.
“At the same time, I also call on all quarters, especially the Muslims, to stay calm and not create disputes while waiting for the recommendations from the special committee,” he said.
The Sultan also advised the Muslims in this country, especially Islamic scholars and preachers, to always maintain good manners in sharing their views to avoid confusion among Muslims.
His Royal Highness also told Muslims not to argue openly in matters that can be resolved through consultation and in private, in addition to the need to celebrate differences of opinion and resolve them wisely through the right channels.
“The people, especially the Muslims, always look up to alim ulama (scholars) and they are hoping that a decision related to a certain law can be agreed upon by all,” he said.
Sultan Sharafuddin also decreed all politicians not to politicise issues involving Islam to the extent of causing endless political disputes, misunderstandings and confusion among Muslims.
In fact, he said the administration of Islamic religious affairs in the country must be free from political influence.
“This reprimand is not targetted to any particular party...religious issues are something that can be sensitive to Muslims. So, avoid accusing each other over religious issues that we can basically solve together,” said the Selangor Sultan.
His Royal Highness also expressed hope that the current practice of appointing Ministers of Religious Affairs from among non-politicians can be continued to ensure that issues related to Islamic religious affairs are not used as political material.
The Sultan also suggested that tertiary academic qualifications based on Islamic Education should be used as the main criteria for appointing the religious minister.