Kaula Lampur:

Malaysia’s top court on Friday declared more than a dozen Islamic laws enacted by the state of Kelantan unconstitutional in a landmark ruling that could affect similar Sharia laws in other parts of the Muslim-majority country.

Malaysia has a dual-track legal system in which Islamic criminal and family laws apply to Muslims alongside secular laws. Islamic laws are enacted by state legislatures while secular laws are passed by the Parliament of Malaysia.

The nine-member Federal Court bench, in an 8-1 decision, declared “null and void” 16 laws in Kelantan’s Sharia criminal code, which criminalize sodomy, incest, gambling, sexual harassment and desecration of places of worship. Provisions were included.

Chief Justice Tengku Maimun Tuan Mat, who delivered the majority ruling, said the North-Eastern State had no authority to make laws, as the subject matter fell within Parliament’s law-making powers.

“The essence of those provisions are matters under the Union List, which only Parliament has the power to make,” he said.

Kelantan, which lies just south of Thailand, north of Malaysia, is ruled by Parti Islam Se-Malaysia (PAS), which has advocated a strict interpretation of Islamic law.

PAS has seen a rise in popularity in recent years amid rising Islamic conservatism among Malaysia’s majority ethnic Malay Muslims, and is seen as a challenge to Prime Minister Anwar Ibrahim’s multi-ethnic ruling coalition. PAS has more seats in parliament than any other party.

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The constitutional challenge was filed by a Kelantani lawyer and his daughter against laws covering Sharia crimes passed by the state and which came into force in 2021.

The case has sparked an uproar among some conservative Muslim groups, who fear the challenge could weaken Islam or Sharia courts in Malaysia.

Security was tight around the court complex in Putrajaya, Malaysia’s administrative capital, as about 1,000 protesters gathered outside to protest the case. They prayed and chanted “God is great” as the verdict was announced.

Justice Tengku Maimun said the case had nothing to do with the status of Islam in the country, only whether the Kelantan legislature had acted beyond its powers.

He said, “Looked at from this situation, the issue of civil courts not supporting Islam or Sharia courts does not arise.”

Following the verdict, Religious Affairs Minister Mohammad Naeem Mokhtar said in a statement that the government’s Islamic authorities would take immediate steps to strengthen Sharia courts, adding that the Islamic judiciary would remain protected under the federal constitution.

Kelantan government official Mohd Fazli Hassan expressed disappointment over the decision, saying the state would consult its royal ruler, Sultan Muhammad V, on the decision and further matters of Islamic law. Nine of Malaysia’s 13 states are headed by monarchs who act as guardians of Islam.

Nik Ahmad Kamal Nik Mahmod, a law professor at Malaysia-based Taylor’s University, said Friday’s ruling could have a “domino effect” and lead to similar challenges with Sharia laws in other states.

“There is a need to reframe and reconsider the existing state jurisdiction over Islamic law,” he said, adding that Malaysia’s Constitution should be amended to avoid conflict between Sharia and civil law.