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Nik Elin Zurina bt Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan, [2024] 2 MLJ 140 is a landmark decision of the Federal Court of Malaysia in which the court held that the Kelantan State Legislative Assembly did not have the power to enact 16 Sharia laws pertaining to criminal matters, which were deemed null, void and unconstitutional.
Malaysia has a dual-track legal system with Islamic criminal and family laws applicable to Muslims running alongside secular laws. Islamic laws are enacted by state legislatures while secular laws ...
Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". Islamic law divides crimes into three different categories depending on the offense – Hudud (crimes "against God", [1] whose punishment is fixed in the Quran and the Hadiths), Qisas (crimes against an individual or family whose punishment is equal retaliation in ...
The criminal code of Afghanistan contain a general provision that certain crimes are to be punished according to Sharia, without specifying the penalties. In United Arab Emirates, Sharia in criminal law is only applicable in determining diyah amounts. [25] Some Nigerian states have also enacted Islamic criminal laws.
Unlike Malaysian civil courts, which are federal in scope, Syariah Courts are primarily established by individual state law. Similarly, Islamic law is a matter limited to each state, with the exception of the Federal Territories of Malaysia, as provided in Article 3 of the constitution. Thus, the application of sharia law may differ among the ...
The dual system of law is provided in Article 121(1A) of the Constitution of Malaysia. Article 3 also provides that Islamic law is a state law matter with the exception for 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 Syariah Court ...
The classical Islamic legal tradition did not have a separate category for criminal law as does modern law. [4] The classical Islamic jurisprudence typically divided the subject matter of law into four "quarters", that is rituals, sales, marriage, and injuries. [2] In modern usage, Islamic criminal law has been extracted and collated from that ...
Malaysia has a parallel justice system of sharia courts, which can order caning for Muslim men and women under Section 125 of the Syariah Criminal Offences (Federal Territories) Act 1997. [49] This kind of caning is rarely implemented, and is quite different from, and much less severe than, judicial caning under Malaysian criminal law.