The Federal Court on Friday (Feb 9) ruled that the Parliament and the state legislature cannot make laws beyond the list in the Ninth Schedule of the Federal Constitution.
In her summary judgment, Chief Justice Tun Tengku Maimun Tuan Mat on the case of two women who challenged the constitutionality and legality of 18 provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019, said the federal and state legislative powers are determined by the Federal Constitution.
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
LIKE: https://fb.com/TheStarOnline
In her summary judgment, Chief Justice Tun Tengku Maimun Tuan Mat on the case of two women who challenged the constitutionality and legality of 18 provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019, said the federal and state legislative powers are determined by the Federal Constitution.
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
LIKE: https://fb.com/TheStarOnline
Category
🗞
NewsTranscript
00:00 The Federal Court on Friday ruled that the Parliament and the State Legislature cannot make laws beyond the list in the ninth schedule of the Federal Constitution.
00:10 In her summary judgment, Chief Justice Tun Tengku Maimuntuan Mant on the case of two women who challenged the constitutionality and legality of 18 provisions in the Kelantan Sharia Criminal Code,
00:23 subsection 1, Enactment 2019, said the federal and state legislative powers are determined by the federal constitution.
00:32 Justice Tengku Maimuntuan said the legal principle is well established and that the Parliament or the State Legislature can make laws within the limits of their respective legal powers.
00:42 She said in the case the provisions made by the State Legislature are a matter included in the federal list.
00:49 The Federal Court, in an 8-1 majority decision, had allowed the application by the two women ruled that 16 provisions in the Kelantan Sharia Criminal Code, subsection 1, Enactment 2019, were null and void.
01:03 Their two women, Nik Elyn Zurinani Abdul Rashid, who is from Kelantan, and her daughter, Tengku Yasmin Nashtasha Abdul Rahman,
01:11 filed the petition to the Federal Court in accordance with Article 4, subsection 4 of the Federal Constitution and named the Kelantan State Government as the sole respondent.
01:21 They claimed that the Kelantan State Legislative Assembly did not have the authority to legislate on the 18 offences because there is a federal law that covers such offences.
01:32 Meanwhile, Chief Judge of Sabah in Srowak, Tan Sri Abdul Rahman Seble, who dissented, ruled that the two petitioners did not have local stand-by to challenge the validity of the enactment.
01:43 [LAUGHTER]
01:46 [BLANK_AUDIO]