Decision on Nik Elin Zurina and Tengku Yasmin vs Kelantan on 9 February

The Federal Court would announce its decision in the case of Nik Elin Zurina Nik Abdul Rashid and Tengku Yasmin Natasha Tengku Abdul Rahman against the Kelantan state assembly’s powers to enact law on 9 February 9 am.

This was made known to lawyers in this case via a letter.

On November 20,2023, Chief Justice Tengku Maimun Tuan Mat along with a panel of eight judges reserved the court’s decision on whether the Kelantan state assembly was empowered to legislate 18 offences in the Kelantan Syariah Criminal Code (I) Enactment 2019.

Applicants – lawyers Nik Elin Zurina Nik Abdul Rashid and daughter Tengku Yasmin Natasha Tengku Abdul Rahman and the state government put forth their arguments on August 17, 2023.

Nik Elin and Tengku Yasmin want the 18 offences declared invalid, null and void since it is already covered under federal laws.

Their lawyer, Malik Imtiaz said the 18 offences are covered under federal acts and it thus it would be discriminatory for Muslims in the state to be subjected to two sets of punishments.

The apex court also have heard submissions from Federal Territories Islamic Religious Council (MAIWP), the Perak Islamic Religious and Malay Customs Council (MAIPk), the Kelantan Islamic Religious Council (MAIK), the Muslim Lawyers Association Malaysia, the Malaysian Bar, and rights group Sisters in Islam.