KUALA LUMPUR – The Syarak and Civil Law Technical Committee under the Malaysian Islamic Development Department (Jakim) will hold discussions with the relevant parties in its efforts to improve shariah laws, especially those related to shariah criminal offences in the country.
Minister in the Prime Minister’s Department (Religious Affairs) Senator Datuk Zulkifli Mohamad Al-Bakri said this was following the Federal Court’s decision last Thursday that declared as unconstitutional a provision in Selangor shariah law that makes it an offence to engage in unnatural sex.
“I have held discussions with Jakim’s legal adviser to get his views on the legal implications of the Federal Court’s decision.
“The committee will hold a consultation session with states and stakeholders in an effort to strengthen and streamline shariah laws in Malaysia,” he said in a statement yesterday.
In this regard, he called on all Muslims in the country to respect the court’s decision and urged them to refrain from speculating on the matter.
A nine-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat held that Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995 relates to matters that fall under the constitution’s Ninth Schedule, under Parliament’s power to enact laws.
The court granted a declaration sought by a 35-year-old man that Section 28 is invalid on the grounds that it made a provision with respect to a matter that the Selangor legislature was not empowered to make laws on, and was therefore null and void.
Section 28 of the enactment makes it in an offence for any person who performs sexual intercourse against the order of nature with any man, woman or animal, and shall be liable to a fine not exceeding RM5,000 or a maximum three-year jail term or whipping not exceeding six strokes or any combination, on conviction.
On August 21, 2019, the man – whose identity is being withheld on the request of his lawyers – was charged with attempting to commit sexual intercourse against the order of nature with other male persons in a house in Selangor on November 9, 2018.
He pleaded not guilty to the charge and his trial at the shariah high court has been stayed pending the outcome of his legal challenge. – Bernama, February 28, 2021
