PUTRAJAYA: Chief Justice Tun Tengku Maimun Tuan Mat ruled that 16 out of the 18 provisions under the Kelantan syariah criminal enactment, which are being challenged at the Federal Court, are unconstitutional.
The only two provisions which are constititutional in the list brought to court in this case are:
- Section 13: Selling or giving away a child to non-Muslim or morally reprehensible Muslim
- Section 30: Words capable of breaking peace
The 16 unconstitutional provisions are:
- Section 11: Destroying or defiling a place of worship - Unc
- Section 14: Sodomy - Unconstitutional
- Section 16: Sexual intercourse with a corpse
- Section 17: Sexual intercourse with a non-human
- Section 31: Sexual harassment
- Section 34: Possessing false document, giving false evidence, information or statement
- Section 37: Gambling
- Section 39: Reducing scales, measurements and weights
- Section 40: Executing transactions contrary to 'hukum syarak' (syariah law)
- Section 41: Executing transactions via usury
- Section 42: Abuse of halal label and connotation
- Section 43: Offering or providing vice services
- Section 44: Preparatory act of offering or providing vice services - Unconstitutional
- Section 45: Preparator act of vice
- Section 47: Act of incest
- Section 48: Muncikari (person who acts as a procurer between a female and a male for the purpose which is contrary to hukum syarak).
