PUTRAJAYA – A nine-judge bench Federal Court has reserved its judgment on a man’s challenge to Selangor’s law against unnatural sex.
According to Malaysiakini, the bench, chaired by Chief Justice Tun Tengku Maimun Tuan Mat, reserved the decision following submissions today.
This comes after the court granted leave for the challenge filed by the man on May 27.
Earlier, the man was charged at the state’s shariah high court with attempting to commit sexual intercourse against the order of nature with “certain other male persons” at a house in Selangor last month.
The applicant was represented by counsel Malik Imtiaz Sarwar and Surendra Ananth.
The two respondents – the Selangor government and Selangor Islamic Religious Council – were represented by state legal advisers Salim Soib @ Hamid and Halimatunsa’diah Abu Ahmad.
Surendra was quoted as saying the Selangor legislative body has no power to enact Section 28 because it pertains to criminal law, which falls under federal jurisdiction.
He said there is already a federal law on unnatural sex in the Penal Code, and that the challenge seeks to question the constitutionality of Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995.
Malik was quoted as saying only Parliament has exclusive power to enact laws that criminalise sex.
“The criminal system of law is in the hands of Parliament. Parliament has the exclusive power to enact laws pertaining to the justice system, such as prosecution, sentencing, everything. We have offences involving Islam that the state (legislature) can enact (laws against).
“The question now before the court is, how to reconcile the two powers (Parliament and state legislature).” – The Vibes, December 14, 2020
