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1. The Federal Court has ruled that 16 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 are unconstitutional.
— BFM News (@NewsBFM) February 9, 2024
Chief Justice Tengku Maimun Tuan Mat, who led a panel of 9 judges, made the landmark ruling today (Feb 9) in a 8-1 majority decision.
📷: Bernama pic.twitter.com/Fv0X5fqRbB
3. Among the invalidated provisions are:
— BFM News (@NewsBFM) February 9, 2024
destroying a place of worship (Section 11)
sodomy (Section 14)
necrophiliac sexual intercourse (Section 16)
bestiality (Section 17)
sexual harassment (Section 31)
possessing false documents and giving false information (Section 34)
5. However, the 2 other provisions that were not nullified are giving away a child to a non-Muslim or morally corrupt Muslim (Section 13), and words that break the peace (Section 30).
— BFM News (@NewsBFM) February 9, 2024
7. Nik Elin Zurina and her daughter filed the constitutional challenge in 2022.
— BFM News (@NewsBFM) February 9, 2024
They said that the power to legislate on criminal matters belongs exclusively to Parliament and that state assemblies can only enact laws related to the Islamic faith.
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weehingthong 