Malaysia’s highest court ruled on Friday that over a dozen Islamic laws enacted by the state of Kelantan are unconstitutional, according to a Reuters report.
The landmark decision made by the nine-member Federal Court bench has the potential to impact similar Sharia laws in other regions of the predominantly Muslim country.
In an 8-1 decision, the bench declared 16 laws within Kelantan’s sharia criminal code “void and invalid.” These laws included provisions criminalizing sodomy, incest, gambling, sexual harassment, and the desecration of places of worship.
Chief Justice Tengku Maimun Tuan Mat, who delivered the majority of the judgment, stated that the northeastern state lacked the authority to enact these laws, as the subject matter fell under the purview of 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.
Malaysia operates under a dual-track legal system where Islamic criminal and family laws, applicable to Muslims, run parallel to secular laws. Islamic laws are enacted by state legislatures, while secular laws are passed by Malaysia’s parliament.
Kelantan, located just south of Thailand in the northern region of Malaysia, is governed by the Parti Islam Se-Malaysia (PAS), which advocates for a stricter interpretation of Islamic law. In recent years, PAS witnessed a surge in popularity due to an increase in Islamic conservatism among Malaysia’s majority ethnic Malay Muslims. It poses a challenge for Prime Minister Anwar Ibrahim’s multi-ethnic ruling coalition, as PAS holds more parliamentary seats than any other party.
The decision came after a Kelantanese lawyer and her daughter filed a constitutional challenge against laws on sharia offenses enacted by the state and implemented in 2021. This case has stirred controversy among certain conservative Muslim groups, who express concerns that the challenge may undermine Islam or the sharia courts in Malaysia.
On the day of the judgment, security measures were heightened around the court complex in Malaysia’s administrative capital, Putrajaya, as approximately 1,000 demonstrators congregated outside to protest the case.
Justice Tengku Maimun clarified that the case did not concern the position of Islam in the country, but rather focused solely on whether the Kelantan legislature had exceeded its powers.
“Seen from this position, the issue of the civil court not upholding Islam or the Sharia courts does not arise,” she said.
After the judgment came, Religious Affairs Minister Mohd Na’im Mokhtar issued a statement, saying that the Islamic authorities of the government would take immediate steps to strengthen Sharia courts, adding that the Islamic judiciary remained protected under the federal constitution.
Mohamed Fazli Hassan, a government official from Kelantan, expressed disappointment with the ruling, and said that the state would consult with its royal ruler, Sultan Muhammad V, regarding the decision and other matters concerning Islamic law. Malaysia’s 13 states are overseen by monarchs, with nine of them serving as custodians of Islam.
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