Does Article 121(1A) prevent civil courts from reviewing Shariah enactments?

Question

Accepted Answer

Article 121(1A) Does Not Prevent Civil Courts from Reviewing Shariah Enactments for Constitutional Consistency

Article 121(1A) of the Federal Constitution, which states that civil courts "shall have no jurisdiction in respect of any matter within the jurisdiction of the Shariah courts," does not preclude civil courts from examining the constitutionality of Shariah enactments. The Appeal Court's decision to review section 66 of the Negri Sembilan Shariah Enactment, which penalised Muslim transgenders for cross-dressing, exemplifies this principle.
Civil Courts' Obligation to Uphold Federal Supremacy

Civil courts are mandated to review state laws, including Shariah enactments, to ensure their compliance with the Federal Constitution. This duty stems from Article 4 of the Federal Constitution, which establishes it as the supreme law, rendering any inconsistent law void. Furthermore, Article 74(3) stipulates that the state's legislative power is subject to restrictions imposed by the Federal Constitution.
Appeal Court's Examination of Shariah Enactment

In its review, the Appeal Court assessed section 66 of the Negri Sembilan Shariah Enactment against several provisions of the Federal Constitution. These included Article 5 (liberty of the person), Article 8 (prohibition of discrimination), and Article 9 (freedom of movement). The court's examination was based on undisputed medical evidence regarding gender identity disorder.
Adjudicating Constitutionality is Within Civil Court's Powers

The Appeal Court correctly exercised its authority to adjudicate on the constitutionality of a provision within a state law, thereby asserting the supremacy of the Federal Constitution. This power ensures that no law, including Shariah enactments, is immune from scrutiny regarding its consistency with the Federal Constitution. Any law found to be inconsistent is declared void to the extent of that inconsistency.

Reading history

Hide →

This history is cleared when the page is closed.

Does Article 121(1A) prevent civil courts from reviewing Shariah enactments?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends