Malaysia's top court invalidates state's Islam-based laws on incest, sodomy and other offenses

Source: Associated Press

Malaysia’s top court invalidates state’s Islam-based laws on incest, sodomy and other offenses

BY EILEEN NG
Updated 8:54 AM EST, February 9, 2024

KUALA LUMPUR, Malaysia (AP) — Malaysia’s top court on Friday struck down Shariah-based criminal laws in an opposition-run state, saying they encroached on federal authority. Islamists denounced the decision and said it could undermine religious courts across the Muslim-majority nation.

In an 8-1 ruling, the nine-member Federal Court panel invalidated 16 laws created by the Kelantan state government, which imposed punishments rooted in Islam for offenses that included sodomy, sexual harassment, incest, cross-dressing and destroying or defiling places of worship.

The court said that the state could not make Islamic laws on those topics because they are covered by Malaysian federal law.

Malaysia has a dual-track legal system, with both government laws and Shariah — Islamic law based on the Quran and a set of scriptures known as the hadith — covering personal and family matters for Muslims. Ethnic Malays, all of whom are considered Muslim in Malaysian law, make up two-thirds of Malaysia’s 33 million people. The population also includes large Chinese and Indian minorities.

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Read more: https://apnews.com/article/malaysia-islamic-law-ruling-supreme-court-952a67295512576112537db2d56f26bd