Malaysia's Apex Court Nullifies State's 16 Provisions Under Syariah Criminal Code

PUTRAJAYA, Feb 9 (Bernama) -- Malaysia's apex court on Friday in a landmark ruling has allowed an application by two Muslim women to nullify 16 provisions relating to criminal offences under the Syariah Criminal Code Enactment in the state of Kelantan, one of the 13 states that constitute Malaysia.

In an 8-1 majority decision heard at the Federal Court in the administrative capital of Putrajaya, the landmark decision was delivered by Chief Justice Tun Tengku Maimun Tuan Mat who led a panel of nine judges.

Judge Tengku Maimun ruled that Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47, 48 of the Syariah Criminal Code (1) Enactment 2019 in the State ruled by an Islamic party is null and void.

Nik Elin Zurina Nik Abdul Rashid, who hails from Malaysia's east coast state of Kelantan, and her daughter, Tengku Yasmin Nastasha Abdul Rahman filed the petition to the Federal Court under Article 4(4) of the Federal Constitution and named the Kelantan government as the sole respondent.  

The two women challenged the constitutionality and legality of 18 provisions under the Syariah law claiming that the Kelantan State Legislative Assembly (DUN) does not have the authority to legislate on the 18 offences because there is a Federal law that covers such offences.

The 16 provisions of offences in the Kelantan Syariah Penal Code (1) Enactment 2019 which are void and not validly enforced in the state are;

Section 11: Destroying or defiling place of worship

Section 14: Sodomy

Section 16: Sexual intercourse with a corpse

Section 17: Sexual intercourse with non-human

Section 31: Sexual harassment

Section 34: Possessing false document, giving false evidence, information or statement

Section 36: Anything intoxicating

Section 39: Reducing scale, measurement and weight

Section 40: Executing transactions contrary to 'hukum syarak' (Syariah Law)

Section 41: Executing transactions via usury

Section 42: Abuse of halal label and connotation

Section 43: Offering or providing vice services

Section 44: Preparatory act of offering or providing vice services

Section 45: Preparatory act of vice

Section 47: Act of incest

Section 48: Muncikari (men dressed in women’s clothing or vice versa)

The two sections maintained by the Federal Court are;

Section 13: Selling or giving away a child to non-Muslim or morally reprehensible Muslim

Section 30: Words capable of breaking the peace

--BERNAMA