- Malaysia court nullifies Islamic laws
- Kelantan statutes exceed state power
- Ruling sparks PAS criticism
A landmark ruling by Malaysia’s highest court declared sixteen Islamic statutes in the northeastern state of Kelantan unconstitutional. This decision may significantly impact the country’s legal system.
On Friday, with an 8-1 majority, the Federal Court found the Kelantan state government did not have the authority to enact laws covering offenses such as sodomy, sexual harassment, possession of false information, intoxication, and scale measurements. These matters, already governed by civil law, fall under federal parliament’s jurisdiction.
Malaysia, a federal nation with Islam as its state religion, allows state jurisdictions over Islamic laws. Additionally, the country operates a dual legal system where Muslims, making up over 60% of the population, are subject to Islamic law for personal, familial, and religious matters, with civil tribunals handling other offenses.
Kelantan, the cultural heartland of ethnic Malay Muslims, has been governed by the opposition Parti Islam SeMalaysia (PAS) since 1990.
Court Challenges Islamic Law Validity
Chief Justice Tengku Maimun Tuan Mai, quoting the nine-judge panel’s conclusions on BFM radio, emphasized that both state legislatures and parliaments are limited by the Federal Constitution in their legislative powers.
The lawsuit, initiated in 2022 by Nik Elin Zurina Nik Abdul Rashid and her daughter following new legislation on Islamic offenses by the state government, challenged the constitutionality of eighteen laws, arguing they fell within parliamentary jurisdiction. The Federal Court did not invalidate two of these laws, and Chief Justice Tengku Maimun noted the plaintiffs did not seek to challenge Islam or the Islamic legal system’s position.
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Nik Elin Zurina, addressing reporters, highlighted her duty as a legal professional to defend and uphold the law, stating her action was for the benefit of all, not personal gain.
Before the verdict, around a thousand individuals, including PAS supporters and conservative Muslims, gathered outside the court in Putrajaya. PAS secretary general Takiyuddin Hassan criticized the ruling, indicating the party would discuss the decision in the upcoming parliamentary session, marking the day as a “Black Friday” for violating Islamic Shariah law.
