Selangor shariah law on unnatural sex not constitutional, rules Federal Court
The Federal Court has ruled that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is ‘inconsistent and void’.
PUTRAJAYA: The Federal Court has ruled that the Selangor state legislature is incompetent to pass a shariah law that makes it an offence to engage in unnatural sex.
Chief Justice Tengku Maimun Tuan Mat, who chaired a nine-member bench, said the primary power to enact criminal laws lies with Parliament.
She said Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995, which allows for punishment for unnatural sex, is unconstitutional.
“The enacted section is also in contrast with the State List under the Federal Constitution. As such, Section 28 is inconsistent and void,” she said in the judgment delivered through a virtual proceeding.
Others on the bench were Court of Appeal president Rohana Yusuf; Chief Judge of Malaya Azahar Mohamed; Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, and Federal Court judges Mohd Zawawi Salleh, Nallini Pathmanathan, Vernon Ong Lam Kiat, Zabariah Mohd Yusof and Hasnah Mohammed Hashim.
A 35-year-old applicant, whose identity is being withheld at the request of his lawyers, sought a declaration that Section 28 is unconstitutional.
Chief Justice Tengku Maimun Tuan Mat, who chaired a nine-member bench, said the primary power to enact criminal laws lies with Parliament.
She said Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995, which allows for punishment for unnatural sex, is unconstitutional.
“The enacted section is also in contrast with the State List under the Federal Constitution. As such, Section 28 is inconsistent and void,” she said in the judgment delivered through a virtual proceeding.
Others on the bench were Court of Appeal president Rohana Yusuf; Chief Judge of Malaya Azahar Mohamed; Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, and Federal Court judges Mohd Zawawi Salleh, Nallini Pathmanathan, Vernon Ong Lam Kiat, Zabariah Mohd Yusof and Hasnah Mohammed Hashim.
A 35-year-old applicant, whose identity is being withheld at the request of his lawyers, sought a declaration that Section 28 is unconstitutional.
The Federal Court ruling only covers the fact that Syariah Law cannot encroach into an area already covered under Criminal Law.
ReplyDeleteSection 377 of the Malaysian Penal Code, the Infamous "Anti-Gay Criminal Law" stands.
Most Commonwealth countries have already repealed similar laws.
For Singapore , the equivalent 377(A) remains on the Books, though the Singapore Government has publically stated it will not prosecute acts done in private between consenting adults. Just don't post it on Facebook , ya...
unnatural, unconstitutional
ReplyDeleteor unislamic, which is which? cannot understand.
Nallini my Hero...
ReplyDelete