Malaysia apex court quashes state’s expansion of sharia law in landmark ruling

Kelantan state assembly had in 2021 passed amendments to broaden sharia powers to include criminal acts amid a surge of religious conservatism

Nine-member bench in the federal court rules that the state does not have the power to enact laws placed under federal jurisdiction by the constitution

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Members of the Pan-Malaysian Islamic Party display placards reading “Maintain the Kelantan Sharia Enforcement” outside the Palace of Justice in Putrajaya on February 9, 2024. Photo: AFP

Published: 1:12pm, 9 Feb 2024Updated: 3:17pm, 9 Feb 2024

Malaysia’s highest court on Friday ruled that the Islamist-led Kelantan state cannot expand its sharia law to include criminal acts already covered by federal powers, in a landmark case that critics have argued could undermine the country’s sharia legal system.

The Kelantan state assembly in 2021 passed amendments to the state’s sharia law, broadening its powers to include criminal acts, amid a surge in religious conservatism that has triggered more frequent cultural clashes in recent years.

A nine-member bench in the federal court ruled that the state did not have the power to enact laws that the federal constitution clearly placed under federal powers and under the jurisdiction of parliament.

Chief Justice Tengku Maimun Tuan Mat said only two of the 18 provisions under Kelantan’s amended sharia law passed muster and could be implemented by the state.

Malaysian Muslims praying outside Federal Court in Putrajaya, Malaysia on February 9. The Federal Court’s verdict on a constitutional challenge, initiated by Nik Elin Zurina Nik Abdul Rashid, nullified 16 out of 18 state provisions under the Kelantan sharia criminal enactment. Photo: EPA-EFE

The rest of the provisions were “invalid” as they overstepped into federal jurisdiction, Tengku Maimun said when reading out the court’s 8-1 majority decision.

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