The groups found that provisions of the enactment not only overlap with existing federal laws, but encroach into federal matters and violate fundamental rights enshrined in the Constitution.
“We’ve found that 25 of the 48 provisions overlap with existing federal laws such as the Penal Code, and 31 provisions encroach into the territory of the federal government such as on matters of internal security and finance,” Justice for Sisters’ (JFS) representative Thilaga Sulathireh said at a forum today.
“Twenty-eight of the 48 provisions in the enactment violate Articles 5 to 13 of the Federal Constitution which promises fundamental liberties.”
Thilaga said the inconsistencies between the enactment and federal laws went against the rule of law and would give rise to abuse of power.
“It encourages power abuse because there is unclear separation of powers of the state and the federal government, which will result in a culture of impunity. This goes against the rule of law, and also increases government spending.”
She asked if the cost of implementation had been considered, given that the state government had trouble with funding and one of the highest numbers of unsentenced prisoners.
The forum was held to launch a report by JFS, Sisters in Islam (SIS) and the Legal Dignity initiative, which studied the shariah enactment’s impact on human rights and the constitutional frameworks.
The groups questioned whether the enactment took public interest and evidence into consideration, and whether any public consultation was done.
Senior law lecturer Haezreena Begum of Universiti Malaya asked about the aim of the enactment.
“What is the main objective of the enactment – to produce an ideal community, or an Islamic community, and if the latter, based on whose lens?” she asked.
Idris Ahmad of SIS said the spirit of the enactment was punitive.
The groups urged the state government to pause the enforcement of the enactment, and review and engage with members of the public to address concerns.
They also urged national human rights institutions like Suhakam to review the enactment for inconsistencies with human rights laws.
The enactment was passed by the Kelantan state legislature and came into force on Nov 1, 2021. It expanded acts that were considered criminal under the shariah law, adding 33 new sections to its 1985 predecessor, making a total of 68 sections.