Lawyer Nik Elin Zurina Nik Abdul Rashid and Tengku Yasmin Nastasha Tengku Abdul Rahman claim that 20 provisions contained in the Kelantan Syariah Criminal Code (I) Enactment 2019 are invalid as there are federal laws covering the same offences.

The provisions in question touch on false claims, destroying and defiling places of worship, prostitution and various other sexual offences, including homosexuality, giving false evidence, and forgery of documents.

The duo contends that the power to legislate on criminal matters belongs exclusively to Parliament, with state assemblies only given the right to enact laws concerning the Islamic faith.

They want the court to declare these provisions null and void.

The mother and daughter were granted leave to pursue their constitutional challenge by Justice Vernon Ong, sitting as a single Federal Court judge, on Sept 30, 2022.

The duo’s lawyer Surendra Ananth told reporters that the court fixed the hearing date during a case management held today.

The state government is represented by assistant legal adviser Adam Mohamed.