Malaysia’s top court rules Islamic laws in Kelantan state unconstitutional

• Malaysia’s top court declared over a dozen Islamic laws in Kelantan as unconstitutional.
• The decision could affect the legality of Sharia in other parts of the country.
• The Federal Court declared 16 laws in Kelantan’s Sharia criminal code “void and invalid.”

On Friday, Malaysia’s top court declared more than a dozen Islamic laws enacted by the northeastern state of Kelantan as unconstitutional, in a decision that could impact the legality of Sharia in other parts of the Muslim-majority country.

Malaysia operates under a dual-track legal system where Islamic criminal and family laws apply to Muslims, alongside civil laws. State legislatures enact Islamic laws while Malaysia’s parliament passes civil laws.

The Federal Court declared 16 laws in Kelantan’s Sharia criminal code “void and invalid” on Friday. These included provisions criminalizing sodomy, sexual harassment, desecrating places of worship, and sexual intercourse with a corpse.

Chief Justice Tengku Maimun Tuan Mat, who delivered the majority judgment, stated that the state lacked the authority to enact these laws, as the subject matter of the legal provisions fell under parliament’s law-making powers.

“We therefore allow the petition’s application for a declaration that (these laws) are void and invalid,” she said.

In a statement on Thursday, opposition leader and former Prime Minister Muhyiddin Yassin, whose coalition includes the hard-line Islamist party PAS, expressed concern that the case could negatively impact the country’s Sharia legal system.

He called on the government to amend the constitution to strengthen the Islamic laws and judiciary.

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