Is Malaysia under Sharia Law

The Los Angeles Times described a 4:00 a.m. raid .m on a hotel in Georgetown, one of the most liberal regions of the country. The police did not have an arrest warrant and announced that they were “housekeepers” and broke into the room. Inside were a Muslim man and a Hindu man. The woman was released because she was believed to be Hindu, but the man was accused of being alone in a room with a woman, a Sharia crime that can be punished with two years in prison and a $790 fine. In May 2007, Ian MacKinnon wrote in The Guardian: “Malaysia`s highest court has rejected the application for recognition of a woman of Muslim origin as a Christian, ending a six-year legal battle that has heightened concerns about discrimination against the country`s religious minorities. Lina Joy, 42, had challenged decisions by Malaysia`s lower courts to remove the word “Islam” from her identity card, arguing that the constitution guaranteed her freedom of religion. But the three-judge panel ruled by majority that it did not have the power to intervene in cases of apostasy. These cases fall under the jurisdiction of Malaysia`s Sharia courts, which cooperate with the country`s civil courts.

[Source: Ian MacKinnon, The Guardian, 31 May 2007 +++] “However, it has never been specified which branch of the court takes precedence. The Malaysian constitution guarantees freedom of religion, but ethnic Malays must be Muslims by law. “She cannot simply enter or leave her religion at will,” Judge Ahmad Fairuz said at the verdict. “She has to follow rules.” But Judge Richard Malanjum, the only non-Muslim on the podium, said it was “unreasonable” to ask Joy to appeal to the Sharia court, as she could be prosecuted because abandoning Islam will be punished with a fine or jail. Critics of the decision expressed dismay, saying it had not respected the legal rights of Malaysians. The couple – originally both Buddhists who married in 2007 and live in the central state of Negri Sembilan – separated in September 2008, the lawyer said. He said the parents took turns caring for their daughter, who has now been given the Muslim name Nurul Syuhada Chew Abdullah. Hoo is now seeking custody of his daughter in the civil courts, while his wife is seeking divorce through the Sharia court. Tang criticized Islamic authorities for allowing the baby`s conversion without first determining the child`s custody or marriage status. = Federal laws are enacted by legislators (MPs and Senators) who sit in the Malaysian Parliament and apply nationally. Federal laws are called (parliamentary) laws. State laws are promulgated by the deputies who sit in the State Legislative Assembly (Dewan Undangan Negeri) and apply only in the State concerned.

State laws are often referred to as decrees or ordinances. Article 75 of the Constitution states that a federal law prevails over all inconsistent state laws, including Sharia law. The changes to Sharia criminal laws were proposed in response to social media posts celebrating the lesbian, gay, bisexual and transgender community as part of Pride Month in June, Deputy Minister for Religious Affairs Ahmad Marzuk Shaary said in a statement. Efforts have been made to apply Sharia law to all ethnic and religious groups, not just Malay Muslims. Police searched Chinese-owned nightclubs. These measures were unpopular and led to a decline in tourism. The PAS was ousted from power in 2004, softening some of its most extreme positions. AFP reported: “Apostasy, or renunciation of faith, is one of Islam`s most serious sins and a very sensitive issue in Malaysia, where Islamic Sharia courts have rarely allowed people to abandon religion.

Siti Fatimah Tan Abdullah said she had never practiced Islamic teachings since her conversion in 1998 and had only done so to allow her to marry her Iranian husband. The couple married in 2004 and she applied for the waiver after her husband left her, and obtained approval from a religious court last year in a decision appealed by the Islamic Religious Council of Penang State. [Source: AFP ] After coming to power in Terengganu in 1999, the PAS imposed Sharia law with stoning and amputations, established gender segregation lines in supermarkets, and sought to implement a series of measures mainly affecting the Chinese community, such as banning alcohol and pig farming. Interest on housing and car loans granted by the government to civil servants was banned, and “un-Islamic” taxes and tolls were lifted. An Islam-oriented curriculum has been introduced in schools. The sale of alcohol and gambling have been restricted. The dual legal system is provided for in Article 121(1A) of the Malaysian Constitution. Article 3 also provides that Islamic law is a matter of constitutional law, with the exception of the federal territories of Malaysia. [1] Islamic law refers to Sharia law, and in Malaysia it is known and spelled as Syariah. The court is known as the Sharia Court. Considering the Malaysian legal system as a whole, Sharia law plays a relatively small role in defining the country`s laws.

It applies only to Muslims. With regard to civil law, the Sharia courts are competent to deal with personal legal matters, such as marriage, inheritance and apostasy. In some states, there are Sharia criminal laws, for example, there is the Kelantan Sharia Penal Code Act of 1993. . . .