Why did the Federal Court strike down Kelantan Syariah law?

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Federal Court Struck Down Kelantan Syariah Provisions Due to Exceeding State Legislative Jurisdiction

The Federal Court's decision to strike down 16 provisions of the Kelantan Syariah Criminal Code Enactment (1) 2019 was based on the grounds that these provisions exceeded the jurisdiction granted to the state legislative body. This means the State Legislature overstepped its constitutional powers in enacting laws on these specific offences, as federal laws already provide for them. Despite this ruling, actions contrary to Islamic law remain offences under Syariah law and can still be enforced through relevant civil legislation.
Provisions Invalidated Due to Jurisdictional Overlap

The Federal Court, in an 8-1 majority ruling, declared 16 provisions of the Kelantan Syariah Criminal Code Enactment (1) 2019 null and void. This decision stemmed from a petition filed by Nik Elin Zurina Nik Abdul Rashid and Tengku Yasmin Nastasha Abdul Rahman, who challenged the legality of 18 provisions. The court found that the State Legislature lacked the authority to legislate on these matters because existing federal laws already covered the same offences.
Civil Law as an Alternative for Enforcement

The Department of Syariah Judiciary Malaysia (JKSM) clarified that the invalidation of these provisions does not mean that the acts themselves are no longer considered offences. Instead, such offences can still be prosecuted under applicable civil laws. For instance, offences previously handled under Syariah law, such as those related to sodomy, can now be addressed under the Penal Code, and matters concerning halal standards fall under the Trade Descriptions Act.
Offence Validity Not Tied to Syariah Court Jurisdiction

The Federal Court's ruling specifically addresses the legislative competence of the state versus the federal government, not the moral or religious standing of the offences themselves for Muslims. For example, an offence like 'sumbang mahram' (incest) remains an offence for Muslims in Kelantan, but due to the jurisdictional issue, it must be tried in a civil court under the Penal Code, which may impose more severe penalties than previously available under the Syariah code.
Harmonisation and Joint Trials Facilitated

JKSM indicated that this decision could foster greater harmonisation between civil and Syariah law, as the Federal Court acknowledged that 'takzir' punishments found in Syariah courts are consistent with those in the Penal Code. Furthermore, the ruling allows for joint trials in civil courts for cases involving both Muslims and non-Muslims who are accused of collaborating in a crime, a scenario not possible if the case were tried solely in Syariah court, which only has jurisdiction over Muslims.

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Why did the Federal Court strike down Kelantan Syariah law?

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