Amendment to the Kelantan syariah enactment is unconstitutional because the changes to the Syariah Courts (Criminal Jurisdiction) Act 1965 (RUU355) have yet to be passed by Parliament, the Bar Council said.
Yesterday, the Kelantan state legislative assembly voted unanimously to pass an amendment to the Kelantan Syariah Criminal Procedure Enactment 2002, which, among other things, would allow syariah offenders to be whipped publicly.
“The Kelantan state legislative assembly has acted in excess of its jurisdiction by passing the enactments without the amendment to RUU355 being passed first.
“(And) the hudud laws passed by the state legislative assembly also cover offences found under the Penal Code...