ISLAM IN
MALAYSIA
FEDERAL COURT
VS SHARIA
SARASIJ
MAJUMDER
I have been to Malaysia several times. And I felt reasonably
comfortable.
Though a Muslim Country, Islam was quite moderate there, with many Hindus, and Chinese
people are well settled.
The FULL CREDIT goes to Mr. Tunku Abdul Rehman. He developed
the state more in the model of Singapore, and promoting Secular culture in
State Administration.
According to the 2020 Malaysian government census, the
religious demographics of Malaysia are:
1.
Islam: 63.5% of the population practices
Islam, the state religion of Malaysia.
2.
Buddhism: 18.7% of the population practices
Buddhism.
3.
Christianity: 9.1% of the population
practices Christianity.
4.
Hinduism: 6.1% of the population practices
Hinduism
5.
Other religions: 2.7% of the population
practices other religions, including Animism, Folk religion, Sikhism, and
Baha’i Faith.
6.
Atheist: 1.8% of the population is atheist.
The Malaysian Constitution states that Islam is the state
religion and that one must be Muslim to be considered Malay. However,
non-Malay citizens of the country are allowed to practice other
religions.
The actual number of atheists or converts in Malaysia is
difficult to determine because of fear of ostracism or prosecution. Human
rights organizations have criticized the government for discriminating against
atheists.
However, Hindus, and Chinese (mostly Christians), forming
major two other components, never felt any problem.
Recently—Malaysian Muslims are showing signs of
non-tolerance. They should not have given asylum to Zakir Naik, an Indian Muslim Fugitive .
Malaysia has 13 states, or Negeri, and 3 federal
territories, or Wilayah Persekutuan. The states and federal territories
are the main administrative divisions of Malaysia.
Recently, it is learned that more than a dozen Islamic laws
enacted in a small Malaysian state were declared unconstitutional by Malaysia’s
top court, a landmark decision that could affect how some of the Sharia laws are interpreted, and implemented
across the Muslim-majority country.
In an 8-1 decision, a nine-member Federal Court bench
declared on February 9th that 16 laws in Kelantan’s Sharia criminal code "void
and invalid," including provisions criminalizing sodomy, incest,
gambling, sexual harassment, and desecration of places of worship.
Chief Justice Tengku Maimun Tuan Mat, who delivered the
majority judgment, said the northeastern state, which lies just south of
Thailand, had no authority to enforce the laws, as the subject matter was
covered under parliament’s lawmaking powers.
"The essence of those provisions are matters under
the federal list, which only parliament has the power to make," the
chief justice said.
Parti Islam Se-Malaysia (PAS) is an Islamist political party
with an electoral base centered around Peninsular Malaysia’s northern and
eastern areas. It governs Kelantan and other nearby states and has advocated
for a stricter interpretation of Islamic law.
The party has seen a resurgence in popularity in recent
years amidst growing Islamic conservatism among Malaysia’s majority ethnic
Malay Muslims and is widely seen as a challenge for Malaysian Prime Minister
Anwar Ibrahim's multi-ethnic ruling coalition. PAS holds more seats in
parliament than any other party.
The constitutional challenge against Kelantan’s Sharia
criminal code was filed by a Kelantanese lawyer and her daughter against laws
covering Sharia offenses that were passed by the state and came into effect in
2021.
The case and the subsequent decision by Malaysia’s top court
sparked controversy among some conservative Muslim groups, who fear the
challenge could undermine sharia courts or even the position of Islam in
Malaysia.
Security was tight around the court complex in Putrajaya,
Malaysia’s administrative capital, as around 1,000 demonstrators gathered
outside to protest the case. They prayed and chanted, "God is great,"
as the judgment was delivered.
But Justice Tengku Maimun said the case has nothing to do
with the position of Islam in the country, and it only focused on whether the
Kelantan legislature had acted beyond its powers.
"Seen from this position, the issue of the civil
court not upholding Islam or the Sharia courts does not arise," the
justice said.
Religious Affairs Minister Mohd Na'im Mokhtar said in a
statement after the judgment that the government would take immediate steps to
strengthen Sharia courts in Malaysia. He added that the Islamic judiciary
remains protected under the country’s federal constitution.
Mohamed Fazli Hassan, the deputy chief minister of Kelantan,
expressed disappointment with the ruling, stating that the state would consult
with its royal ruler, Sultan Muhammad V, on the decision and further matters of
Islamic law. Nine of Malaysia’s 13 states are ruled by monarchs who also act as
guardians of Islam.
Malaysia uses a dual-track legal system, with Islamic
criminal and family laws applicable to Muslims running alongside secular laws.
State legislatures enact Islamic laws, while the country’s federal parliament
passes secular laws.
Nik Ahmad Kamal Nik Mahmod, a law professor at
Malaysia-based Taylor's University, said the top court’s decision could have a
"domino effect,” with Sharia laws in other states likely to see similar
challenges.
"There is a need to rewind and reconsider the
existing states’ jurisdiction on Islamic law," the professor said,
adding that Malaysia’s constitution should be amended to avoid conflicts
between Sharia and civil laws.
REFERENCES:--
1.0 https://apnews.com/article/malaysia-islamic-law-ruling-supreme-court-952a67295512576112537db2d56f26bd#:~:text=In%20an%208%2D1%20ruling,or%20defiling%20places%20of%20worship.
2.0 https://www.reuters.com/world/asia-pacific/malaysias-top-court-declares-16-islamic-laws-kelantan-state-unconstitutional-2024-02-09/
3.0 https://asia.nikkei.com/Opinion/Truth-of-Malaysian-court-ruling-on-Shariah-laws-is-being-twisted
4.0 https://www.voanews.com/a/malaysia-s-top-court-invalidates-state-s-islam-based-criminal-laws-/7482072.html
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