CHIEF JUDGE: MALAYSIAN SHARIAH COURT HAS NO JURISDICTION OVER APOSTASY CASES OUTSIDE COUNTRY
The country’s Islamic judicial system only has authority over Muslims in Malaysia and cannot act on cases of apostasy outside the nation, a senior Shariah court official said. Berita Harian reported Shariah Judiciary Department director-general Datuk Seri Mohd Na’im Mokhtar as saying the Islamic court here could take action against Muslims of any nationality but only if their religious offences are committed locally. “As it is known, the Shariah court is limited to only Muslims. But its jurisdiction does not take into consideration the Muslim individual’s nationality when looking at charges. “As long as the charge is said to have occurred within the country, then anyone including Muslim foreign citizens can face action per the Shariah Criminal Offences Enactments,” he said after a preliminary court proceedings in Perak’s Chief Shariah Court.
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THE PRINCIPLE OF LEGALITY IN SHARIAH LAW
by MOHAMMAD HASHIM KAMALI
The principle of legality in crime and punishment is an entrenched aspect of modern constitutional law, and what it basically means is that there shall be no crime and no punishment unless the text of the law says so. Hence no one can be arrested nor punished unless the conduct at issue constitutes a crime under the applied law. Another aspect of the same principle is that of non-retroactivity, which means that the law cannot be applied retroactively to acts which are committed before the law came into force – unless Parliament specifically says so.
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SHARIAH CRIMINAL OFFENCES IN SYNDICATE MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984
by Haliza A. Shukor, Intan Nadia Ghulam Khan, Hasnizam Hashim & Nabilah Yusof
Islamic jurisprudence has clearly set forth the laws in regulating matters pertaining to Muslim family institutions. Among the issues related to family institutions is syndicate marriage. According to a report in 2019, 70% of syndicate marriages are regarded as invalid due to its failure to fulfill the pillars of nikah. As such, it attracts various penalties under the Islamic Law Acts/Enactments. By referring to the Islamic Family Law (Federal Territories) Act 1984 (IFLA 1984), there are provisions which can be used to penalise parties who conduct or enter into a syndicate marriage.
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