Court of Appeal wrong to declare religious law unconstitutional, rules Federal Court

Source: The Malaysian Insider

The Federal Court ruled today that the Court of Appeal made a mistake in declaring section 66 of the Negri Sembilan Shariah Criminal Enactment as unconstitutional in the case of three transgenders. – Reuters pic, October 8, 2015.

The Court of Appeal has no jurisdiction to declare that a provision in the Negri Sembilan Islamic criminal enactment as unconstitutional as three transgenders had used the wrong legal procedure to start their action, the Federal Court ruled today.

A five-man bench led by Tan Sri Md Raus Sharif, who delivered the unanimous judgments, said the trio should have gone to the Federal Court as they were challenging the competency of the state legislature to make laws.

“So the Court of Appeal was in grave error in determining the validity of section 66 of the Negri Sembilan Shariah Criminal Enactment as unconstitutional,” he said in allowing a preliminary objection by the NS government and state Islamic religious council.

In November, judge Datuk Mohd Hishamudin Mohd Yunus, who led a three-man Court of Appeal ‎bench, declared the section was void as it violated their constitutional right of freedom of expression, movement and the right to live in dignity and equality. – October 8, 2015.



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