Introduction to the Special Section on Recent Legal Developments in Malaysia

Mohamad Janaby

 

Malaysia stands as a compelling example of the intricate relationship between religion and state, where an Islamic majority coexists with diverse minority groups. The significance of Islam within Malaysia’s legal and constitutional framework is clearly established in Article 3(1) of the Constitution, which declares, ‘Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.’ Malaysia’s constitutional, federal, and monarchical nature presents a unique challenge: striking a balance between Islamic principles and secular governance. This dualistic approach has led to complex legal and religious dilemmas, particularly in cases where laws may conflict with either Islamic principles or secular values. A prominent example is the Federal Court’s ruling that deemed several Islamic laws enacted by the Kelantan state government unconstitutional. These laws, addressing crimes such as sodomy, sexual harassment, false information, intoxication, incest, gambling, and desecration of places of worship, were found to infringe upon the federal parliament's jurisdiction, as these crimes are already governed by civil law.