Shariah Legal Landscape: Malaysia's Pledge to Tackle Complexity Sparks National Conversation

4 Mar 2024 • 3:00 PM MYT
Evon Anak Jerim
Evon Anak Jerim

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Islamic Affairs Minister Datuk Mohd Na’im Mokhtar has pledged that the federal government will address the intricacies surrounding Shariah criminal laws within the next eight months. This commitment follows the recent Federal Court decision, and Sultan Sharafuddin Idris Shah of Selangor, who chairs the National Council of Islamic Religious Affairs (MKI), aims to receive recommendations regarding the Kelantan Syariah Criminal Code Enactment and potential ways to expand the competencies of State Legislative Assemblies to enact Shariah criminal laws within the framework of the Federal Constitution by the year-end.

Na’im emphasized that the Special Committee Studying Issues Related to the Competence of the State Legislative Assemblies to Enact Islamic Laws, led by former Chief Justice Tun Zaki Azmi, has been mandated by Sultan Sharafuddin to conclude their work within a year. However, Na’im expressed his commitment to completing the task in no more than eight months.

Addressing reporters at the Federal Territory Islamic Religious Council (MAIWP) carnival in Taman Tasik Titiwangsa, Na’im encouraged suggestions from various sources, including opposition parties and NGOs, to be submitted to Tun Zaki. The federal government, under Na’im's leadership, aims to engage with a wide range of stakeholders to ensure a comprehensive approach to this sensitive issue.

Meanwhile, Prime Minister Datuk Seri Anwar Ibrahim, also present at the Karnival MAIWP, accused the federal Opposition, particularly Perikatan Nasional (PN) politicians, of exploiting the Federal Court's decision to annul 16 provisions in the Kelantan Syariah Criminal Code. Anwar alleged that this exploitation was a deliberate attempt to sow discord among Malaysians and questioned the lack of opposition objection in a similar case in 2021 involving the Selangor State Legislative Assembly's proposals.

Anwar asserted that laws should not be crafted based on political sentiments or speeches but should adhere to the decisions of judges, courts, and relevant agencies. He highlighted the need for streamlining laws to avoid a situation where each state formulates its distinct laws.

Sultan Sharafuddin's decree urged Malaysians to respect the Federal Court's ruling and emphasized upholding the Federal Constitution as the supreme law of the country. The monarch also stressed the importance of finding a solution to address arising matters by exploring methods to expand the competency of state legislative assemblies in enacting Shariah criminal law within the confines of the Federal Constitution.

As the government works towards resolving the intricacies of Shariah criminal laws, the nation remains engaged in a broader conversation about legal frameworks, religious freedoms, and the need for unity amid diverse perspectives. The ongoing dialogue underscores the delicate balance between respecting religious principles and upholding constitutional principles in Malaysia.


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