Malaysia's highest court on Friday ruled that more than a dozen Islamic laws enacted by the state of Kelantan were unconstitutional, in a historic verdict that could have implications for other sharia laws in the country. Malaysia has a dual legal system, with Islamic laws applicable to Muslims and civil laws to the rest of the population. Islamic laws are passed by state legislatures, while civil laws are enacted by the federal parliament.
The Federal Court, in a majority decision of eight to one, declared 16 laws in Kelantan's sharia criminal code "null and void", including provisions that criminalised sodomy, incest, gambling, sexual harassment, and defiling places of worship. The court said that the state had exceeded its powers, as the matters covered by the laws fell under the federal jurisdiction.
Kelantan, a conservative state in the north-east of Malaysia, is ruled by the Islamist party PAS, which has advocated for a stricter implementation of Islamic law. The state passed the sharia criminal code in 2021, but it was not enforced due to legal challenges.
The case was brought by a lawyer and her daughter from Kelantan, who argued that the laws violated their constitutional rights and freedoms. The case sparked controversy and protests among some Muslim groups, who feared that the challenge could undermine the role of Islam and the sharia courts in Malaysia.
The court, however, said that the case was not about the position of Islam in the country, but about the division of powers between the state and the federal governments. The court also said that it had not received any formal complaints from any party or candidate about the laws.
The ruling could have a ripple effect on other sharia laws in the country, as some of them may also be challenged on similar grounds. The ruling could also prompt a review of the constitutional framework and the relationship between the Islamic and civil legal systems in Malaysia.
The government's minister for religious affairs, Mohd Na'im Mokhtar, said that the government would take immediate steps to strengthen the sharia courts, and that the Islamic judiciary was protected by the constitution.