Malaysian Supreme Court Invalidates Sharia Laws

Sharia law

World News

encroachment on federal law; Malaysian Supreme Court overturns 16 Sharia laws

KUALA LUMPUR: The Malaysian Supreme Court has struck down 16 Sharia laws passed by the state of Kelantan, stating that they are unconstitutional and state governments do not have the right to legislate Sharia law.

The court pointed out that Kelantan’s action was an encroachment on the country’s federal authority.
The court also held that the state cannot pass Sharia laws overriding Malaysian federal laws.

16 laws related to homosexuality, rape, possession of false information, drunkenness, cross-dressing, vandalism of places of worship etc. have been repealed.

Malaysia’s Supreme Court overturned the law on a petition by lawyers Nik Surina and Nik Abdul Rasheed against the law passed by the ruling Pan Malaysian Islamic Party (PAS) in Kelantan.

The petition was filed against a total of 18 laws.

PAS has been the opposition party in Malaysia since 1990. Meanwhile, Kelantan, home to more than 97 percent Muslims, has been ruled by PAS since 1990. PAS is the frontline opposition party but is the single largest party in Parliament. They also govern four of Malaysia’s 13 states.

At the same time, PAS General Secretary Taqiuddeen Hasan told the media after the announcement of the verdict that this is a black day for Islamic Sharia laws.

Malaysia has a dual legal system that includes Sharia and government laws based on the Qur’an and Hadith (traditions of the Prophet Muhammad) on family and personal matters for Muslims.

Muslims in Malaysia are a tribal group known as Malays. Muslims make up two-thirds of the country’s total population of 33 million. Chinese and Indian minorities are also part of the population.

CONTENT HIGHLIGHT: Malaysia’s top court invalidates state’s Islam-based laws on incest, sodomy and other offenses