Malaysia

Sabah Law Society raps Takiyuddin for admonishing challenges to state shariah laws

Non-profit praises top court, asserts that verdict on S’gor unnatural sex shariah law was uncontroversial

Updated 5 years ago · Published on 02 Mar 2021 6:45PM

Sabah Law Society raps Takiyuddin for admonishing challenges to state shariah laws
Datuk Seri Takiyuddin Hassan has come in for flak for saying that state shariah laws should not be challenged. – Bernama pic, March 2, 2021

by The Vibes Team

KOTA KINABALU – The Sabah Law Society has asserted that the constitutionality of laws in the nation can be challenged. 

The response follows Minister in the Prime Minister’s Department (Parliament & Law) Datuk Seri Takiyuddin Hassan urging no further challenges to shariah laws following the Federal Court’s ruling that a Selangor shariah enactment on unnatural sex was unconstitutional. 

Sabah Law Society president Roger Chin said challenging the constitutionality of laws in the courts is a hallmark of a democracy, and no one should be deterred from seeking legal recourse.

“The Federal Court recently held that a Selangor shariah law was invalid. This decision was by no means an attack on shariah law,” he said.

“The federal constitution was, through that decision, upheld by the Federal Court. The core of the decision is not controversial.”

He stressed that matters which are under the Federal List in the federal constitution are for Parliament to legislate on, while matters which are under the State List in the constitution are for the state assemblies to legislate on.

“Clearly therefore, any laws enacted by the states in relation to matters contained in the Federal List are invalid,” he said in a statement here today. 

The nine-member Federal Court bench led by chief justice Tengku Maimun Tuan Mat had unanimously struck down the provision of the Selangor shariah law that criminalises unnatural sex.

The state shariah provision made it an offence for Muslims in Selangor to perform sexual intercourse against the order of nature.

Chin cited that states simply have no power to legislate in relation to such matters, and lauded the willingness of the Federal Court to uphold the basic tenets of the federal constitution.

“It would be irresponsible for anyone to characterise the decision of the Federal Court as an attack on shariah law, and go further to discourage similar challenges,” he said. – The Vibes, March 2, 2021

Related News

Malaysia / 4h

Southeast Asia’s booming scam industry eyes Malaysia

Opinion / 4d

US intelligence objectives: Destabilising the Malaysian political scene?

Malaysia / 2w

Passengers stranded in Shanghai after KL-bound flight cancelled without notice, rescheduled 50 hours later (video)

Education / 3w

Newcastle University confirms students from Malaysian campus placed on reserve list

Education / 4w

Why Malaysian management education lags behind

Opinion / 1mth

'UK degrees' devalued as qualifications earned from Malaysian campuses blocked

Spotlight

Malaysia

Former head of a ministry's corporate communications unit acquitted of bribery charge

Malaysia

Two sisters die trapped in Johor house fire as escape routes cut off by flames

Malaysia

NS election speculation intensifies as Aminuddin granted audience with state ruler

Malaysia

Teenager who drove recklessly, causing death remanded for further investigation

Malaysia

Police looking for trio involved in violent armed robbery in Penang (video)

Malaysia

Family of five killed as car crashes into water pipe in Serian

Malaysia

'I was once spat on by a pakcik' — Marina denies fear of contesting Malay-majority seats

Malaysia

Jewellery shop among six premises destroyed in fire (video)

You may be interested

Malaysia

PH Negeri Sembilan emergency meeting discusses PRN preparations

Malaysia

Toh Puan Na'imah’s legal team cautions against ‘dangerous’ application of SOSMA

Malaysia

Negeri Sembilan state assembly cannot be immediately dissolved - UMNO VP

Malaysia

Johor State Election: BN to launch machinery this Sunday

Malaysia

Negeri Sembilan PH state assemblymen meet at MB's residence

Malaysia

MITI: Malaysia rejects forced labour claims as US Section 301 tariff proposal enters consultation phase

Malaysia

‘What wrong did I do?’ – asks PKR MP after loss of MyKhas access

Malaysia

Police looking for trio involved in violent armed robbery in Penang (video)