00:01Former Chief Justice Tengku Maimun Tuan Mat has defended the federal court's decision two years ago
00:06to strike down 16 provisions in a 2019 Kelantan Shari'ah enactment on the grounds that they were unconstitutional.
00:13Tengku Maimun, who retired in July 2025, told Berita Harian the court's 8-1 majority decision
00:20was not aimed at undermining the sanctity of Islam or weakening the Shari'ah courts.
00:25She explained that the court found the Kelantan Legislative Assembly had overstepped its powers
00:30by enacting criminal laws that fell under Parliament's jurisdiction.
00:34Tengku Maimun stressed that the court's role was to delineate the boundaries of federal and state powers
00:40and prevent encroachment that could undermine the country's federal system.
00:44The federal court struck down the 16 provisions on February 9, 2024,
00:49ruling that the Kelantan Assembly had no power to enact them
00:52as they dealt with offences under the Parliament's authority.
00:56The court also made clear that the case concerned which level of government had the power to enact the laws,
01:02rather than the position of Islam or the Shari'ah courts.
01:05Kelantan subsequently drafted a new law following the ruling,
01:09with the 62-section bill passed unanimously by the State Assembly on August 12.
01:14Lawyer Nick Elin Nick Rashid, who filed the challenge against the 16 initial provisions,
01:19later said at least 11 provisions in the new enactment could be challenged in court.
01:25Radinora Kamar, FMT.
