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+--- Thread: Federal Court declares Selangor Shariah law criminalising ‘unnatural sex’ void (/thread-806.html)
Federal Court declares Selangor Shariah law criminalising ‘unnatural sex’ void - superadmin - 02-25-2021
Federal Court unanimously declares Selangor Shariah law criminalising ‘unnatural sex’ void, unconstitutional
KUALA LUMPUR, Feb 25 — 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.
Section 28 makes it a Shariah offence for “any person” performing “sexual intercourse against the order of nature with any man, woman or animal”, with the punishment being a maximum fine of RM5,000 or a maximum three-year jail term or a maximum whipping of six strokes or any combination.
The order sought by the man and granted by the Federal Court today is for a declaration that Section 28 is invalid on the ground that it makes provision with respect to a matter which the Selangor state legislature has no power to make laws and is therefore null and void.
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