Malaysia’s top court strikes out some Islamic laws in landmark case

(Reuters) - Malaysia’s top court yesterday declared unconstitutional more than a dozen Islamic laws enacted by the state of Kelantan, in a landmark decision that could affect similar sharia laws in other parts of the Muslim-majority country.

Malaysia has a dual-track legal system with Islamic criminal and family laws applicable to Muslims running alongside secular laws. Islamic laws are enacted by state legislatures while secular laws are passed by Malaysia’s parliament.

A nine-member Federal Court bench, in an 8-1 decision, declared 16 laws in Kelantan’s sharia criminal code “void and invalid”, including provisions criminalising sodomy, incest, gambling, sexual harassment, and the desecration of places of worship.

Chief Justice Tengku Maimun Tuan Mat, who delivered the majority judgement, said the northeastern state had no authority to enact the laws, as the subject matter was covered under parliament’s lawmaking powers.

“The essence of those provisions are matters under the federal list, which only parliament has the power to make,” she said.

Kelantan, which lies just south of Thailand in Malaysia’s north, is governed by Parti Islam Se-Malaysia (PAS) which has advocated for a stricter interpretation of Islamic law.

PAS has seen increased popularity in recent years amid growing Islamic conservatism among Malaysia’s majority ethnic Malay Muslims, and is seen as a challenge for Prime Minister Anwar Ibrahim’s multi-ethnic ruling coalition. PAS holds more seats in parliament than any other party.