Malaysia’s highest court declares certain Islamic laws in Kelantan unconstitutional

In a significant decision, Malaysia’s highest court has declared that 16 Islamic laws in the northeastern state of Kelantan are unconstitutional, a ruling that could have far-reaching consequences for the country’s legal framework.
In a majority decision of 8-1, the Federal Court determined on Friday that the Kelantan state government did not possess the authority to establish these laws, covering offenses such as sodomy, sexual harassment, possession of false information, intoxication, and scale measurements. This was because these issues were already addressed by federal law and fell under the purview of the federal parliament.
Malaysia is a federal country where states hold jurisdiction over Islamic-related laws as it is the official religion. The country also operates a dual legal system where Islamic law applies to Muslims, who represent slightly over 60 percent of the population, specifically in personal and family matters as well as religious practices. Other offenses are handled by the civil courts.
Kelantan, recognized as the center of ethnic Malay Muslim culture, has been governed by the opposition Parti Islam SeMalaysia (PAS) since 1990.
In delivering the findings of the nine-judge panel, Chief Justice Tengku Maimun Tuan Mai was quoted by Malaysia’s BFM radio as saying, “The power of parliament and state legislatures are limited by the Federal Constitution and they cannot make any laws they like.”
The case was brought in 2022 by Kelantan lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter following the enactment of new Islamic offense laws by the state government.
The two individuals challenged the constitutionality of 18 of these laws, contending that they were outside the jurisdiction of the state assembly and were already covered by parliament.
The Federal Court did not invalidate the two remaining laws and emphasized that the women had not filed the case to contest the position of Islam or the Islamic legal system.
Around 1,000 people, including PAS supporters and conservative Muslims, gathered outside the court in Putrajaya ahead of the ruling.

Author: OpenAI