Malaysia’s top court has struck down several Sharia-based state laws.
Kuala Lumpur: Malaysia’s highest court on Friday struck down nearly a dozen Sharia-based laws enacted by the state of Kelantan. The top court has said that these laws encroach on federal authority. The decision has been condemned by Islamic fundamentalists, who fear it could weaken religious courts across the country. The nine-member Federal Court, by an 8-1 majority, declared invalid 16 laws made by the opposition-run Kelantan state government.
Which laws will be affected by the court order?
After this order of the court, those laws of Sharia will be affected which provide for punishment for crimes ranging from sodomy, sexual harassment, incest and ‘cross dressing’ (wearing clothes belonging to the opposite sex) to giving false evidence. The court said that the state cannot make Islamic laws on these subjects, as they fall under Malaysian federal law. Malaysia has a two-tier legal system, with personal and family matters for Muslims governed by Sharia and civil law. All people under the definition of the Malay ethnic group are considered Muslims under Malaysian law.
PAS supporters had gathered outside the court
The Malay ethnic group makes up two-thirds of the country’s population of 33 million, while large Chinese and Indian minorities also live in the country. Sharia is Islamic law, based on the Quran and Hadith. The laws were challenged in court in 2020 by two Muslim women from the rural northeastern state of Kelantan. 97 percent of the total population of the state is Muslim. Kelantan has been ruled by the conservative Pan-Malaysian Islamic Party, or PAS, since 1990. Hundreds of PAS supporters gathered outside the court on Friday, demanding protection of Sharia law.
‘Today is Black Friday for Sharia law’
PAS general secretary Takiyuddin Hasan said after the decision, ‘We are very sad today. Today is Black Friday for Sharia law. When Sharia law becomes illegal in one area, Sharia law in other states may face the same threat.’ PAS is in the opposition in the Malaysian Parliament and is the largest party. The party rules 4 out of 13 states in Malaysia. PAS supports strict Islamic laws. She was seeking to impose a criminal code called Hudud, which included punishments such as dismemberment for theft and stoning for adultery, but this was blocked by the federal government.
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