KUALA LUMPUR: Malaysia’s top court on Friday (Feb 9) declared more than a dozen Islamic laws enacted by the state of Kelantan as unconstitutional, in a landmark decision that could affect the legality of similar Syariah laws 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.
A nine-member Federal Court bench, in an 8-1 decision, declared 16 laws in Kelantan’s Syariah criminal code “void and invalid”, including provisions criminalising sodomy, incest, gambling, sexual harassment, and desecrating places of worship.
Chief Justice Tengku Maimun Tuan Mat who delivered the majority judgement said the northeastern state had no power to enact the laws, as their subject matter 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.
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