KUALA LUMPUR: The Federal Court ruling on the unconstitutionality of the Selangor state law provision which punishes unnatural sex would open the floodgates for other parties to challenge other provisions under the states' syariah criminal enactment, says the Malaysian Syariah Lawyers Association (PGSM). "The court's decision has given a significant implication to the state legislature in the country, particularly syariah criminal offences," he said in a statement. He urged the state government and other authorities to take a drastic and holistic decision to revisit and review the existing syariah criminal laws to ensure that syariah laws would not be challenged by certain parties in the future. "Accordingly, for the prohibition against 'unnatural sex', it is already provided for by Parliament under Federal law, namely, Section 377A of the Penal Code. On Thursday (Feb 25), a nine-man panel of the Federal Court chaired by the Chief Justice ruled a Selangor state law that criminalises "unnatural sex" as void as the state legislature had no power to make such laws.
Source: The Star February 25, 2021 09:45 UTC