Tengku Maimun Tuan Mat CJ:

Introduction

[1] The issue for our determination is rather narrow. It concerns the interpretation or effect of the words 'except in regard to matters included in the Federal List' contained in Item 1, List II, Ninth Schedule of the Federal Constitution ('State List'), vis-a-vis the power of the State legislatures to make laws under the said Item.

[2] The petitioner was granted leave to file this petition pursuant to art 4(3) and (4) of the Federal Constitution (' FC '). He sought to challenge the competency of the Selangor State Legislature ('SSL') to enact s 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 ('1995 Enactment').

[3] The prayers for relief in the Amended Petition in encl 101 read as follows:

"(1) A declaration that s 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is invalid on the ground that it makes provision with respect to a matter to which the Legislature of the State of Selangor has no power to make laws and is therefore null and void;

(2) Costs; and/or

(3) Such further and/or other reliefs as deemed fit by this Honourable Court.".

Background Facts

[4] On 21 August 2019, the Syarie Prosecutor preferred a