Introduction

[1] This is an appeal against the decision of the Court of Appeal declaring s 66 of the Syariah Criminal (Negeri Sembilan) Enactment 1992 to be invalid as being unconstitutional due to inconsistency with arts 5(1), 8(1), (2), 9(2) and 10(1)(a) of the Federal Constitution .

[2] The 1st appellant is the State Government of Negeri Sembilan. The 2nd appellant is the Islamic Affairs Department of Negeri Sembilan, which is a department of the 1st appellant responsible for Islamic affairs within the State of Negeri Sembilan. The 3rd appellant is the Director of the 2nd appellant.

[3] The 4th appellant is the Chief Religious Enforcement Officer of Negeri Sembilan, who is appointed pursuant to s 79 of the Administration of the Religion of Islam (Negeri Sembilan) Enactment 2003. Amongst his duties is the carrying out of investigations under any written law in Negeri Sembilan prescribing offences against the precepts of the religion of Islam.

[4] The 5th appellant is the Chief Syarie Prosecutor of Negeri Sembilan who is appointed pursuant to s 78(1) of the Administration of the Religion of Islam (Negeri Sembilan) Enactment 2003. The 5th appellant has the power exercis