Thursday, February 25, 2021

[811.21] Federal Court unanimously declares Selangor Shariah law criminalising ‘unnatural sex’ void, unconstitutional



The Federal Court's nine-judge panel today unanimously declared that a Selangor state law's provision which made unnatural sex a Shariah offence is invalid and having gone against the Federal Constitution, as such offences fall under Parliament's powers to make laws and not under state legislatures' law-making powers.
Reading out a summary of the unanimous judgment, Chief Justice Tun Tengku Maimun Tuan Mat said the Federal Court granted the order sought by a Malaysian Muslim man who was challenging the constitutionality and validity of Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995.

 

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