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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 ...
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 states. There are 13 state sharia law departments and one for the Federal Territories.
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 ...
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 ...
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 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.
The High Courts have unlimited jurisdiction in all criminal matters other than matters involving Islamic law. The High Courts have original jurisdiction in criminal cases punishable by death. Cases are heard by a single judge in the High Court, or by a judicial commissioner. While High Court judges enjoy security of tenure, judicial ...
In April 2000, the state of Perlis passed a sharia law subjecting Islamic "deviants" and apostates to 1 year of "rehabilitation" (under the Constitution, religion, including sharia law, is a state matter). Leaders of the opposition Islamic party, PAS, have stated the penalty for apostasy – after the apostates are given a period of time to ...