Kelantan Islamic laws decision solely made by apex court, Malaysian PM Anwar says

MELAKA - The Federal Court’s decision in annulling 16 provisions in the Kelantan Syariah Criminal Code was made solely by the apex court and has nothing to do with the government, Malaysian Prime Minister Anwar Ibrahim said on Feb 9.

“The decision also has nothing to do with Syariah (Court), or the powers of the state.

“For instance, if, at a state assembly sitting, a chief minister enacts new state laws conflicting with the powers of the Federal Constitution, then it can be referred to the Federal Court.

“If the court finds it conflicting, it will annul them (the laws enacted by the state assembly),” Mr Anwar said when addressing civil servants at the Melaka International Trade Centre (MITC).

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”.

These include provisions criminalising sodomy, sexual harassment, and sexual intercourse with a corpse.

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.

Mr Anwar also said the opposition played on religious sentiments in a bid to portray his unity government as opposing Islam, even though the application by the two women in the case was filed during Perikatan Nasional’s administration.

“It’s a law of the state of Kelantan, and the ones challenging are Kelantanese. They challenged it at the Federal Court, not the (Federal) Cabinet, not the Prime Minister. They challenged the constitutionality and legality of the law, and the court ruled it (16 provisions in the Kelantan Syariah Criminal Code Enactment) as null and void.

“The Perikatan government did not protest before (when the legal challenge was presented). It all happened during their administration – in 2020 and 2021. Now they are protesting and turning it into a political issue,” he said.

The Prime Minister said the current government has established the National Council for Islamic Religious Affairs Malaysia (MKI), chaired by the Sultan of Selangor, Sultan Sharafuddin Idris Shah, to examine matters related to Syariah laws used in each state.

“Previously, there was no action at the national level to examine the jurisdiction of Syariah Courts and the powers regarding Syariah law. Now, there is one. What is MKI’s role? To determine the roles of Syariah Courts in the country,” he said. THE STAR/ASIA NEWS NETWORK, REUTERS