Arrr, the Malaysian high court be keelhauling the Sharia-based laws o' the state! Walk the plank, 'tis a clear mutiny on tradition!
2024-02-09
Arrr! The Malaysian Federal Court be sayin' Nay to those 16 scallywag Sharia-based laws forced upon Kelantan by them opposition-run rats! Walk the plank, says I!
Malaysia's highest court has ruled against Shariah-based criminal laws in an opposition-led state, stating that they encroach on federal authority. The decision has been met with opposition from Islamists, who believe it may undermine religious courts across the predominantly Muslim nation.The Federal Court panel voted 8-1 to invalidate 16 laws created by the Kelantan state government, which imposed punishments based on Islamic principles for various offenses, including sodomy, sexual harassment, incest, cross-dressing, and defiling places of worship. The court argued that these topics are already covered by Malaysian federal law, making it inappropriate for the state to create its own Islamic laws.
Malaysia operates under a dual-track legal system, with both government laws and Shariah governing personal and family matters for Muslims. The case was brought forward by two Muslim women from Kelantan and was filed in 2022. The Kelantan state, with a population that is 97% Muslim, has been governed by the conservative Pan-Malaysian Islamic Party (PAS) since 1990.
The ruling has sparked protests from PAS supporters, who gathered outside the Federal Court to call for the protection of Shariah. PAS is a member of the opposition bloc and holds the majority in four of Malaysia's states. The party has previously advocated for strict Islamic legal norms, including the implementation of a criminal code known as "hudud," which includes punishments such as amputations for theft and death by stoning for adultery.
Despite the court ruling, the government minister in charge of religious affairs assured the public that the position of Shariah courts would not be affected. Prime Minister Anwar Ibrahim, who is working to gain support from the Malay community, has also emphasized that the issue is about state jurisdiction rather than an attack on Shariah.
The ruling poses a challenge for Anwar Ibrahim and highlights the ongoing debate surrounding the division of power between federal and state authorities, as well as the role of Islamic law in Malaysia.