Malaysia’s top court declares several Islamic laws in Kelantan state unconstitutional

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  • February 9, 2024

The Federal Court, in an 8-1 decision of the nine-member bench, on Friday declared 16 laws in Kelantan’s Syariah criminal code “void and invalid”, including provisions criminalising sodomy, sexual harassment, desecrating places of worship and sexual intercourse with a corpse.

Chief Justice Tengku Maimun Tuan Mat who delivered the majority judgement said the state had no power to enact the laws, as the subject of the legal provisions were covered 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.

Opposition leader and former Prime Minister Muhyiddin Yassin, whose coalition includes the hardline Islamist party PAS, in a statement on Thursday said the case could have a negative impact on the country’s Syariah legal system, and called on the government to amend the constitution to strengthen the Islamic laws and judiciary.
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