Draft:Iki Putra v Selangor
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Last edited by Wolfiewhite (talk | contribs) 4 days ago. (Update) |
| Iki Putra v. Selangor | |
|---|---|
 | |
| Court | Federal Court of Malaysia |
| Full case name | Iki Putra Mubarrak v Kerajaan Negeri Selangor & Anor |
| Decided | 25 February 2021 |
| Docket nos. | BKA-3-11-2019(W) |
| Citations | [2021] 3 MLRA 384, [2021] 3 CLJ 465, [2021] 2 MLJ 323 |
| Case history | |
| Prior action | Federal Court (Leave application granted in 2020) |
| Holding | |
| Declaring s.28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is invalid on the ground that it makes provision with respect to a matter to which the Legislature of the State of Selangor has no power to make laws and is therefore null and void. | |
| Court membership | |
| Judges sitting | |
| Case opinions | |
| Decision by | Tengku Maimum Tuan Mat |
| Majority | Rohana Yusuf, Abang Iskandar Abang Hashim, Mohd Zawawi Salleh, Nallini Pathmanathan, Vernon Ong Lam Kiat, Zabariah Mohd Yusof, Hasnah Mohammed Hashim |
| Concurrence | Azahar Mohamed |
| Keywords | |
| Sharia law, LGBTQ, Sodomy law, Parliament, Selangor, Criminal law, pith and substance, ultra vires | |
| Area of law | |
| Constitutional law, Islamic law | |
Iki Putra Mubarrak v Kerajaan Negeri Selangor & Anor is a landmark decision of the Federal Court of Malaysia in 2021, in which the court unanimously ruled that section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995, a shariah law which criminalised sodomy, is unconstitutional, null and void.
The Federal Court held that criminal laws pertaining to unnatural sex or sodomy fall under the purview of the federal Parliament, not state legislatures. Therefore when the Selangor State Legislative Assembly enacted section 28 of the 1995 Enactment, it has breached its legislative boundary and violated the Constitution of Malaysia.
Background
[edit]On 9 November 2018, the petitioner Iki Putra Mubarrak...
Judgement
[edit]Chief Justice Tengku Maimun