KUALA LUMPUR – The Federal Court may have declared a Selangor shariah enactment on unnatural sex unconstitutional, but the individual who brought the motion forward is not off the hook.
Malaysiakini reported that the man, a local Muslim, faces a long-pending charge of attempted unnatural sex at the state shariah high court.
The accused is still pursuing a related judicial review under civil jurisdiction, said his lawyer, Tay Kit Hoo.
The review is set for case management before the Kuala Lumpur High Court (appellate and special powers division) today.
The man, charged with attempting to commit sexual intercourse against the order of nature with other men in November 2018, filed the judicial review application to challenge the validity of his prosecution in November 2019.
Last year, he sought to get the Federal Court’s declaration that Section 28 of the Shariah Criminal Offences (Selangor) Enactment is invalid on the grounds that the state assembly has no power to make laws on the matter in question.
On February 25, the apex court declared the provision inconsistent with the federal constitution, and is therefore void.
Chief Justice Tun Tengku Maimun Tuan Mat, when reading out the judgment summary, said only Parliament is empowered to enact laws with regard to the criminalisation of unnatural sex.
However, this does not make the act legal, as Sections 377 and 377A of the Penal Code still recognise it as an offence. – The Vibes, March 24, 2021
