KUALA LUMPUR – The Selangor Islamic Religious Council (Mais) is bent on making it an offence to engage in unnatural sex, despite the Federal Court’s declaration that a provision in state shariah law governing such acts is unconstitutional.
Mais chairman Tan Sri Abdul Aziz Mohd Yusof, in a statement today, said the council will work with police to ensure investigations into the appellant continue under the Criminal Procedure Code.
“This offence is also covered under Section 377 and Section 377A of the Penal Code, where, upon being found guilty, an accused can be given a sentence of 20 years’ imprisonment and whipping.”
Despite the apex court’s decision to declare Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995, which criminalises “unnatural sex”, as unconstitutional and void, he said, it should not be seen as a recognition of lesbian, gay, bisexual and transgender rights.
“This is because same-sex relationships are still wrong from an Islamic perspective, as well as immoral and go against Malaysian norms.”
He said the judgment does not negate the state assembly’s power to enact laws on shariah offences, but there must be compliance with the principles of the federal constitution.
The state legislature can still amend or enact shariah laws related to the faith, sanctity of Islam and morality, he said.
“Mais will continue to adopt the principles of shariah law as provided for in the federal constitution and Selangor shariah enactment to ensure Islam is maintained as the federal and state religion.”
On February 25, the Federal Court ruled that Section 28, which prohibits “unnatural sex”, is unconstitutional, and therefore, void.
The reasoning behind the decision is the fact that “unnatural sex” is interpreted as a matter under the Federal List, meaning it is not under the purview of state legislatures. – The Vibes, March 2, 2021
