the federal government law of malaysia
The federal government law of Malaysia is the Federal Metabolism. The Government Constitution splits the law making authority with the Federation into its judicial expert, legislative power and executive authority. Both in federal and state levels the seperation of electric power occur. The us government has exec power overall matters which Parliament can make laws. The States have executive electricity over all the matters where the Legislative Assemblies can make laws. Inside the state of Malaysia, a federal law, the Muslim courts( Criminal Legal system Act 1965) conferred legislation upon process of law constituted below any express law, for the functions of dealing with offences which can be under Muslim law.
In addition, under item 1 of the Express List capacity to make legislation for the creation and punishment of offences by simply person professing the faith of Islam against percepts of that faith, except in regards to matters as part of the Federal List are given to state legislatures. Abdul Hamid Mohammad FCJ pointed out in the case of Latifah v Rosmawati that, although the Federal government Parliament beneath the Article 74 of the Federal Constitution offers extensive power over things listed in National List (which includes exterior affairs, defence, internal protection and relationship and divorce), it does not have power to legislate in the subsequent areas, in relation to civil and criminal rules and method and the supervision of proper rights, in respect of the constitution and organization in the syariah process of law, in respect of Islamic personal law relating to marriages, divorce, guardianship, maintenance, ownership, legitimacy.
Because of that relationship and divorce law of non muslim is a matter within legal system of legislative house to make, whilst marriage and divorce of muslims is a matter in the jurisdiction from the legislature of any state for making. There should not be any circumstance where the two courts have got jurisdiction above the same matter or issue if the laws are made by parliament as well as the state legislature in rigid compliance together with the Federal List and Sate List. Though Abdul Hamid Mohamad FCJ did not list the state legislation which have encroached on the Federal legislative site, one area through which such breach is abundantly clear with the area of felony law. Criminal law is completely a federal subject under the Federal government Constitution.
However , pursuant to schedule on the lookout for, List a couple of, Item 1state assemblies happen to be empowered to produce and penalize offences resistant to the precepts of Islam, besides as regards things included in the Federal government List. The Federal Courtroom has made crystal clear there are two constitutional requirements to the workout to this electrical power: where an offence is already in existence in the Federal Presidio Code, for instance , a state assemblage cannot produce a similar offence, for to do this would offend against the exclusion in Item 1 that no further condition legislation is definitely allowable exactly where maters are actually included in the Federal government List. Additionally , as stated by simply Professor Shad Saleem Faruqi, ‘Murder, theft, robbery, rasurado, incest and homosexuality are typical offences in Islamic regulation but are clearly in federal government hands due to Schedule 9, List I actually, Item 4(h) and the Federal government Penal Code. Murder is covered by sections 300, 302 and 307 of the Presidio Code. Thievery is handled by portions 378 ” 382A, thievery by areas 390 to 402, and rape in section 375 ” 376. Incest and homosexuality could be covered by portions 377A
