In a landmark decision, Malaysia’s Federal Court has invalidated over a dozen Shariah-based state laws, igniting a firestorm of controversy and discontent among the country’s Muslim population. The ruling, issued on Friday, declared that these laws, enacted by the opposition-led Kelantan state government, encroached upon federal authority.
The court’s 8-1 verdict struck down 16 laws that covered a range of offenses, including sodomy, sexual harassment, incest, cross-dressing, and providing false evidence. The court said that the state could not make Islamic laws on those topics because they are covered by Malaysian federal law. This decision stems from a legal challenge initiated in 2020 by two Muslim women from Kelantan, a predominantly Muslim (97%) state in northeastern Malaysia.
Malaysia is a country where Islam holds significant sway. In a 2023 Pew Research Center report, 75% of Malaysian adults identified as Muslim, underscoring the religion’s central role in the nation. Islam is enshrined as the state religion of Malaysia, according to Article 3 of the Constitution, while other religions can be practiced by non-Malay citizens. Additionally, per Article 160, one must be Muslim to be considered Malay, further emphasizing the close relationship between Islam and Malay identity in Malaysia.
The ruling party of Kelantan, the Pan-Malaysian Islamic Party (PAS), has governed the state since 1990 and has traditionally advocated for strict Islamic legal norms. Following the court’s decision, hundreds of PAS supporters congregated outside the courthouse, expressing their dismay and calling for the preservation of Shariah laws.
Takiyuddin Hassan, the secretary-general of PAS, lamented the court’s ruling as a “black Friday for Islamic Shariah laws,” expressing concern that similar challenges could be mounted against Shariah laws in other states.
Prime Minister Anwar Ibrahim, who assumed office after the 2022 general election and has been grappling with a challenge to secure Malay support, sought to downplay the political dimensions of the court’s decision. He emphasized that the case centered on matters of state jurisdiction and cautioned against politicizing the issue.
Mohamad Na’im Mokhtar, the minister responsible for religious affairs, sought to reassure the Muslim community that the ruling would not undermine the position of Shariah courts. He urged calm among the populace and pledged that efforts to strengthen Shariah courts would persist.
The decision has sparked concerns among Muslims, particularly within PAS, Malaysia’s largest opposition party and a key player in the country’s political landscape. PAS has advocated for the implementation of Islamic punishments as well as Sharia laws, which include severe penalties such as amputation for theft and stoning to death for adultery. The federal government has thwarted these efforts in the past.
News Link: https://rairfoundation.com/muslims-threaten-trouble-after-malaysias-top-court-strikes/
