Malaysia’s Top Court Rules Some Islamic Laws in Kelantan Unconstitutional

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    The Facts

    • Malaysia's top court ruled Friday that more than a dozen Islamic rules put in place by the state of Kelantan are unconstitutional.

    • An 8-1 majority of the federal court's nine-member bench ruled 16 laws within Kelantan's Sharia criminal code "void and invalid." The nullified laws include provisions criminalizing sodomy, incest, gambling, sexual harassment, and defiling places of worship.


    The Spin

    Narrative A

    This is a sad day for Islam in Malaysia. By challenging the power of Sharia laws in Kelantan, the federal courts have put into question the powers of Islamic laws across the country. Malaysia is an Islamic country and should be governed by Islamic laws.

    Narrative B

    This ruling isn't an attack against Islam but an affirmation of the Malaysian constitution as the dominant law of the country. The powers of individual states are limited for a reason, and federal authority should be upheld. This ruling doesn't change the validity of the Sharia courts nor the existence of Islam as Malaysia's official religion.