KUALA LUMPUR: The decision by the Federal Court to strike down 16 provisions in the Kelantan Syariah Criminal Code Enactment (1) 2019 on Friday was solely because they exceeded the jurisdiction granted to the state legislative body (DUN), according to the Department of Syariah Judiciary Malaysia (JKSM).
However, it said that actions contrary to Islamic law still constitute an offence under Syariah law.
“The same offence can still be enforced under relevant laws such as sodomy under the Penal Code and halal under the Trade Descriptions Act.
“This decision can also be described as strengthening the Islamic law in Malaysia when the Federal Court in its judgment stated that the takzir punishment found in the Syariah Court is in line with the Penal Code in the civil court, and the indication is that there has been harmonisation between civil and Syariah law,” it said in a statement today.
It said that the decision also meant that the DUN had a role to play in ensuring that every enactment enacted did not exceed the powers it had before a provision was enacted. -Bernama