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FEDERAL COURT PUTRAJAYA
FATHUL BARI MAT JAHYA & ANOR – Appellant
Versus
MAJLIS AGAMA ISLAM NEGERI SEMBILAN & ORS – Respondent
| Table of Content |
|---|
| 1. petitioners filed for constitutional reliefs. (Para 1 , 1 , 2) |
| 2. challenge against the constitutionality of s 53(1). (Para 3 , 6) |
| 3. provision of s 53(1) concerning teaching without a 'tauliah'. (Para 4 , 5) |
| 4. exploration of legislative powers under federal constitution. (Para 7 , 8) |
| 5. jurisdiction of federal court on invalidity of laws. (Para 9 , 10) |
| 6. interpretation of 'precepts' of islam. (Para 11 , 12) |
| 7. experts' views on the requirement of 'tauliah'. (Para 15 , 16 , 17 , 18) |
| 8. wide interpretation of legislative powers. (Para 19 , 20 , 21) |
| 9. legislative authority for teaching and precepts of islam. (Para 24) |
[1] This petition was filed pursuant to art 4(4) of the Federal Constitution for which leave was granted by this court on 5 July 2010. The petitioners herein seek the following reliefs:
"(i) for a declaration that s 53(1) of the Syariah Criminal Enactment (Negeri Sembilan) 1992 (Enactment No 4 Year 1992) as amended by s 3 of the Syariah Criminal Enactment (Negeri Sembilan) (Amendment) 2004 (Enactment 3 Year 2004) is null and void as being contrary to the Federal Constitution ;
(ii) for a declaration that the Syariah court for Negeri Sembilan does not have jur
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