Yusfarizal Yussoff’s “Deplorable Mention”: A Man to Watch

On 9 February 2024, eight out of nine judges on a Federal Court panel chaired by Chief Justice of Malaysia Tengku Maimun Tuan Mat declared that 16 laws in Kelantan’s sharia criminal code were unconstitutional. The constitutional challenge was filed by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Natasha Tengku Abdul Rahman in 2023.

In the context of an ongoing campaign by the likes of Parti Islam SeMalaysia (PAS) President Abdul Hadi Awang to paint civil law and the Federal Constitution as a product and continuation of colonial legacy, Tengku Maimun stressed that the decision should not be framed as an attack on Islam (as argued on Fulcrum previously, PAS’ position that the court decision is a “dark day” for Islam in Malaysia is incorrect).

Following the judgment, Abdul Hadi Awang wrote a scathing attack against the judges, saying that “their heads and minds are influenced by the writings of colonial heritage”. His sentiments on the need to do away with civil law have influenced PAS’ younger generation. This can be seen in the case of Yusfarizal Yussoff, an up-and-coming PAS lawyer whose Islamist views on sharia and civil law need to be watched closely.

During court proceedings and discussions on the narrative that sharia laws in Malaysia are under threat, the judges specifically named Yusfarizal. He represented the Terengganu Islamic Religious and Malay Customs Council and was one of the lawyers involved in the proceedings.

Last year, Yusfarizal claimed that the case filed by the mother-daughter duo would undermine and put an end to the sharia court system. Harakah, PAS’ official organ, further stated that the only solution would be to amend the Constitution into an Islamic one and to call upon all Muslim Members of Parliament to save the sharia system.

To put out the fire started by Yusfarizal back in 2023, Tengku Maimun said that his comments were unreasonable. She reiterated that the challenge brought by Nik Elin was intended to look into the efficacy of sharia laws and not to erode their power or position. She also warned the opposing camp not to take advantage of the issue by confusing the masses and tapping on public sentiment.

In the Federal Court’s ruling, Tengku Maimun emphasised that any allegations that sharia law is under threat are untrue as the Federal Constitution gives individual states the right to enact sharia laws as they wish, but without overstepping it. In the summary of the court proceedings, Yusfarizal was given a “deplorable mention” for misleading the public.

Yusfarizal has been a practicing lawyer for 20 years and is a managing partner of the law firm Tetuan Yusfarizal Aziz and Zaid. He has degrees from the International Islamic University of Malaysia (IIUM) and the Islamic Science University of Malaysia (USIM). He has also co-authored a book entitled Civil Litigation in Malaysia: A Practical Guide to Drafting Pleading. Prior to joining PAS in 2023, Yusfarizal had already marked his success in many court cases. One such notable case was when prominent NGO Sisters in Islam failed to challenge a 2014 fatwa by the Selangor Islamic Religious Council which declared the organisation as deviating from Islam because it promoted liberalism and pluralism.

Within PAS, Yusfarizal is part of Lujnah Undang-Undang dan Hak Asasi Manusia (Legal and Human Rights Bureau, LUHAM), through which he has provided pro bono services to several PAS and Perikatan Nasional (PN) leaders entangled in high-profile cases.

In 2021, he defended Abdul Hadi Awang in a lawsuit brought by two Sabahans for his allegedly seditious remarks against Christians. Yusfarizal also defended Kedah Chief Minister Muhammad Sanusi Md Nor in a defamation suit filed by Kedah’s Pakatan Harapan and Parti Amanah Negara (Amanah) Chief Mahfuz Omar. He represented Pendang MP Awang Solahudin Hashim for the PN member’s allegedly defamatory remarks against Prime Minister Anwar Ibrahim. Yusfarizal secured victories for his clients in the first two cases, while the last case is ongoing.

Apart from that, he is often chosen to represent PAS in court. For example, together with other lawyers, he has been handling election petitions filed by Barisan Nasional and the United Malays National Organisation with regard to the six parliamentary seats of Marang, Kuala Terengganu, Kemaman, Gua Musang, Masjid Tanah, and Putrajaya.

While it might be too early to predict if Yusfarizal has political ambitions, he is a man to be watched … Judging by his reputation within PAS and among Islamists, it is perhaps only a matter of time before Yusfarizal steps into the political scene.

Following his deplorable mention on 9 February, PAS chose to be defiant and elected Yusfarizal to be on a committee to consolidate and empower sharia laws and courts. The committee has also been tasked to draft a proposed Private Member’s Bill to amend the Federal Constitution to become an Islamic one. It is possible that PAS wants to empower the states to be allowed to deal with criminal offences under sharia law. PAS organised a special convention on 24 February in Kota Bharu to discuss the issue.

While it might be too early to predict if Yusfarizal has political ambitions, he is a man to be watched. In 2019, the Facebook account Peguam Muda PAS listed him as one of their representatives running for the Malaysian Bar. The post also called on Muslim lawyers to vote for “pro-Islam” lawyers to join the Bar. Judging by his reputation within PAS and among Islamists, it is perhaps only a matter of time before Yusfarizal steps into the political scene.

While most legal professionals might consider such a mention from the Chief Justice to be damaging to their careers, it might be the opposite for Yusfarizal who might be seen as a rebellious champion for upholding sharia law. This could also be yet another move by PAS to build a professional image, especially after the fallout with the progressives within the party that later created Amanah in 2015. But even if this is the case, Yusfarizal is another classic example of PAS’ persistent Islamism of the past, failing to comprehend and adapt to the reality of the complex world the party lives in.

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