The top court of Malaysia made a decision on Friday to invalidate Shariah-based criminal laws in an opposition-run state, stating that they infringed upon federal authority. The decision was denounced by Islamists who feared it could weaken religious courts across the nation.
In a vote of 8-1, the nine-member Federal Court panel nullified 16 laws established by the Kelantan state government, which imposed punishments based on Islamic principles for offenses such as sodomy, sexual harassment, incest, cross-dressing, and damaging places of worship.
The court declared that the state did not have the authority to create Islamic laws on these matters as they are covered by Malaysian federal law.
Malaysia has a dual-track legal system, with government laws and Shariah (Islamic law) covering personal and family matters for Muslims. The case was filed in 2022 by two Muslim women from Kelantan, and the conservative Pan-Malaysian Islamic Party (PAS) has governed the state since 1990.
Lawyer Nik Elin Nik Abdul Rashid, who challenged the state laws with her daughter, hailed the court’s ruling as a testament to the supremacy of the Malaysian Constitution.
Supporters of the Pan-Malaysian Islamic Party gathered outside the Federal Court to protest the ruling, expressing their disappointment and concern for the protection of Shariah.
Despite the ruling, government minister Mohamad Na’im Mokhtar affirmed that it would not impact the position of Shariah courts, urging Muslims to remain calm and assuring that efforts to strengthen Shariah courts would continue.
The issue has the potential to challenge Prime Minister Anwar Ibrahim, who is working to gain support among the Malay community after assuming office following a 2022 general election. Anwar has emphasized that the court case revolved around state jurisdiction and should not be politicized.