Archive for January, 2015

Appeal Court Says Islam/Syariah Subject to Fundamental Liberties of Federal Constitution

January 22, 2015

Court: Islam subject to fundamental liberties Malaysiakini 22 Jan 2015

Although Islam is the religion of the federation in Malaysia, as defined under Article 3(1) of the Federal Constitution, it is subject to the limitations of the fundamental liberties of a person, the Court of Appeal ruled today. In his 46-page written judgment on a case involving transgenders, Justice Mohd Hishamudin Yunus noted that Article 4(1) of the Federal Constitution declares the constitution as the supreme law and any law running contrary to the constitution shall be considered void…In this case, the judge said the word Islam in Article 3(1) should be given a restrictive meaning based on Article 3(4), which states that nothing in this Article derogates from any other provision of the constitution…Although the enactment [Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 ] is subject to syariah law, Justice Hishamuddin said interpretation of the Federal Constitution is a matter for the court, not for the syariah court. This is also in keeping with the Federal Court decision in Latifah Mat Zin vs Rosemawati Sharibun and another…“Their application involves the interpretation of the constitution; and that only the superior civil courts established under the Federal Constitution have the jurisdiction to determine disputes on the interpretation of the provisions therein (in the Federal Constitution). (more…)