THE AFTERMATH OF NIK ELIN: DOES IT AFFECT THE POSITION OF THE MALAYSIAN SYARIAH COURT?

Abstract

This article examines the ramifications of the recent Federal Court judgment in the case of Nik Elin Zurina Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan to the position of the Syariah Court in Malaysia. The judgment of the case witnessed 16 out of 18 provisions of the Kelantan Syariah Criminal Code Enactment 2019 which have been challenged on the ground of unconstitutional be declared null and void by the Federal Court. This has given rise to the state of anxiety and dissatisfaction particularly among Muslims community who feels that the position of the Syariah Court has been degraded. The study employs qualitative study in analysing relevant materials that comprised of statutory laws, journal articles and cases law relating to the issue of constitution and conflict of laws. The finding shows that the verdict made by the Federal Court in Nik Elin’s case does not affect the position of Syariah Court in Malaysia since it has nothing to do with the issue of Islamic doctrine. Thus, this article concludes that in the process of making laws, legislative bodies must always have the power and competency to do so in the spirit of preserving the supremacy of the Federal Constitution as the highest law in Malaysia.