The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said the move challenges the rule of law, poses a serious threat to democracy and could destabilise the country.

“MCCBCHST appeals to the Kelantan government to respect and accept the Federal Court’s decision in Nik Elin Zurina’s case to impugn 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019, and not to re-enact the same impugned provisions,” said MCCBCHST in a statement.

“The attorney-general, who is the guardian of public interest, the rule of law, and protector of the constitution, should advise the Kelantan government against any move to re-enact the impugned provisions.”

The council also said that since the Federal Court had ruled the 16 sections as void, any re-enactment of those sections would also be void.

“The Kelantan legislature must realise that it is bound by the Federal Constitution and the Federal Court decision,” it said.

In the 8-1 majority Federal Court decision on Feb 9, Chief Justice Tengku Maimun Tuan Mat said the state assembly had no power to pass the 16 provisions as part of the enactment as the offences in question were covered under federal law.

Chief Judge of Sabah and Sarawak Abdul Rahman Sebli dissented, holding that the constitutional challenge brought by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman was an abuse of court process.

The Kelantan state assembly then unanimously approved a motion brought by Melor assemblyman Wan Rohimi Wan Daud on March 6 to re-enact the 16 provisions.