KUALA LUMPUR - Malaysia’s top court on Feb 9 declared more than a dozen Islamic laws enacted by the north-eastern state of Kelantan as unconstitutional, in a decision that could affect the legality of syariah in other parts of the Muslim-majority country.
Malaysia has a dual-track legal system, with Islamic criminal and family laws applicable to Muslims, running alongside civil laws. Islamic laws are enacted by state legislatures, while civil laws are passed by Malaysia’s Parliament.
The Federal Court, in an 8-1 decision of the nine-member bench, on Feb 9 declared 16 laws in Kelantan’s syariah criminal code “void and invalid”, including provisions criminalising sodomy, sexual harassment, desecrating places of worship and sexual intercourse with a corpse.
The Chief Justice, Tengku Maimun Tuan Mat, who delivered the majority judgment, said the state had no power to enact the laws, as the subjects of the legal provisions were covered under Parliament’s law-making powers.
“The essence of those provisions are matters under the federal list which only Parliament has the power to make,” she said.
Kelantan, which lies just south of Thailand in Malaysia’s north, is governed by Parti Islam SeMalaysia, which has advocated a stricter interpretation of Islamic law.
The constitutional challenge was filed by a Kelantanese lawyer and her daughter against laws covering syariah offences that were passed by the state and came into force in 2021.
The case has sparked uproar among some conservative Muslim groups, who fear the challenge could undermine the position of Islam in Malaysia.
Security was tight around the court complex in Malaysia’s administrative capital Putrajaya as around 1,000 demonstrators gathered outside to protest against the case. They prayed and chanted “God is great” as the judgment was delivered.
Law professor Nik Ahmad Kamal Nik Mahmod from Malaysia-based Taylor’s University said the decision could have a “domino effect”, with syariah laws in other states likely to see similar challenges.
“There is a need to rewind and reconsider the existing states’ jurisdiction on Islamic law,” he said, adding that Malaysia’s Constitution should be amended to avoid conflicts between syariah and civil laws. REUTERS
