Malaysia’s legal system includes a sharia law system of personal law applicable only to Muslims and administered by the various state sharia courts. The politicisation of Islam has unjustifiably allowed its proponents to advocate for a more central role for sharia law, resulting in increasing conflicts with federal law in numerous areas. In particular, the…
Category: Federal-State Jurisdiction
Defiance of the 9 States – The Whirling Wheels of Malaysian Federalism
“In pursuance of our duty to recommend ‘a strong central government’ with ‘a measure of autonomy’ to the States, we have made proposals in Chapter V designed to give the States a greater measure of autonomy in limited but important fields while retaining national control where the national interest as a whole requires it” –…
Cancellation of Religious/Friday Prayers Due to Covid-19 – Federal or State Government’s Jurisdiction?
Yesterday, Prime Minister Muhyiddin announced that, in light of the Covid-19 outbreak, all “gatherings” including international meetings, sports, social and religious events will be postponed until April 30 or cancelled. However, there seems to one exception: prayers at mosques would still proceed. Muhyiddin nonetheless hopes that Islamic religious authorities in all States will issues guidelines…
BFM Podcast: Tussle for Oil Between Fed Gov & Sarawak State Gov
Petronas is facing a lawsuit from the Sarawak state government, over the non-payment of a 5% sales tax on petroleum products. Where does the jurisdiction for exploration of oil lie – Federal or State? The podcast can be accessed here.
Laws to Regulate Smoking Fall under Parliament’s Jurisdiction, not the Sarawak State Govt
This article first appeared at The Malay Mail on 24 Dec 2018. It has been reported that the Ministry of Health will be pushing to gazette all open-air restaurants as no-smoking areas — this is provided under Regulation 22 of the Control Of Tobacco Product Regulations 2004. In turn, that regulation originates from Section 36(2)(d)…