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LATEST CASES

IKI PUTRA MUBARRAK v. KERAJAAN NEGERI SELANGOR & ANOR
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ; ROHANA YUSUF PCA; AZAHAR MOHAMED CJ (MALAYA); ABANG ISKANDAR CJ (SABAH AND SARAWAK); MOHD ZAWAWI SALLEH FCJ; NALLINI PATHMANATHAN FCJ; VERNON ONG LAM KIAT FCJ; ZABARIAH MOHD YUSOF FCJ; HASNAH MOHAMMED HASHIM FCJ
[PETITION NO: BKA-3-11-2019(W)]
25 FEBRUARY 2021

CONSTITUTIONAL LAW: Legislation - Validity of legislation - Syariah Criminal Offences (Selangor) Enactment 1995, s. 28 - Offence against 'precepts of Islam' - Challenge against competency of Selangor State Legislature to legislate offences against precepts of Islam - Whether qualified by phrase 'except in regard to matters included in the Federal List' in item 1, List II, Ninth Schedule of Federal Constitution - Whether States restricted from making laws on subjects within domain of Parliament - Whether criminal law within domain of Parliament - Whether s. 28 enacted in contravention of item 1 of State List - Whether s. 28 inconsistent with Federal Constitution - Whether void
ISLAMIC LAW: Legislation - Validity of impugned legislation - Syariah Criminal Offences (Selangor) Enactment 1995, s. 28 - Offence against 'precepts of Islam' - Challenge against competency of Selangor State Legislature to legislate offences against precepts of Islam - Whether qualified by phrase 'except in regard to matters included in the Federal List' in item 1, List II, Ninth Schedule of Federal Constitution - Whether States restricted from making laws on subjects within domain of Parliament - Whether criminal law within domain of Parliament - Whether s. 28 enacted in contravention of item 1 of State List - Whether s. 28 inconsistent with Federal Constitution - Whether void

 

 

ARTICLE
High Court orders ‘bin Abdullah’ removed from official name of adopted Sarawak Muslim child
The High Court in Sibu, Sarawak has recently decided that the government should remove “bin Abdullah” from the official records of the name of a child adopted in Sarawak, in consideration of the child’s best interests and in line with the adoptive Muslim parents’ wishes and request. In the April 6 written judgment sighted by Malay Mail, High Court judicial commissioner Christopher Chin Soo Yin ordered that this child “should be named as intended by his parents”. The judge ordered the Sibu district officer and the National Registration Department to amend the name of the child in the special register (or the official records of adoptions in Sarawak), certificate of adoption, birth certificate, by removing “bin Abdullah” from his name “in accordance to the wishes of his parents”.
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LEGISLATION UPDATE