Under Islamic Laws, are subject to the federal

Under the virtue of Federal Constitution of Malaysia Article 3(1), Islam has been appointed as the official religion in Malaysia started from 1957. Even before Malaysia reaches its Independence Day before, the Rulers of States had made Islam as the official religion through respective written and unwritten State Constitutions. However, according to Article 11(1), it is up to one’s right to practice different religions as long as it is practiced in peace and harmony.  Although Islamic Law can be implemented in Malaysia, the Federal Constitution is appointed as the supreme law of the Federation. According to Article 4(1) supreme law of the Federation, any laws that passed the Independence Day and are inconsistent to the constitution, it shall be treated as void.Referring to the Islamic Law under the Federal system, Islamic Law matters to the states except under Federal territories. Islamic Law as well is only confined to the personal law of Muslims under the Syariah Court, the subordinate of Federal Constitution established under federal law. According to Federal List 4(k), there is ascertainment of Islamic Law and other personal law for purposes of Federal Law between the civil and criminal law and procedure and the administration of justice. In which this actually means that, the jurisdictions awarded to the Syariah Court that is confined to Muslim followers will only focus on matters regarding personal laws, such as marriage, divorce, inheritance and other offences that are against the precepts of Islam. Civil laws inversely to the Islamic Laws, are subject to the federal jurisdiction in which it cannot interfere with the State laws such as Islamic Law that falls under the State jurisdiction.For example, in the case of Lina Joy v Majlis Agama Islam WP, 2007 4 MLJ 585, it was argued if the National Registration Development was right to reject appellant’s application to have her religion as “Islam” to be deleted from her identity card under regulation 14 of the National Registration Regulations 1990 and in requiring a certificate or order from the Syariah Court.Appellant contended that on the basis of Clause (1) of Article 11, she has the freedom to renounce from Islam and practice the beliefs and teachings of Christian which could not be restricted or controlled by any law, even the Administration of Islamic Law (Federal Territory) Act 1993, by the Syariah Court itself. However, the freedom to profess and practise the religion according to one’s choice that has been guaranteed by Article 11 does not include the freedom of choice of religion. Hence, only Syariah Court is competent to determine the question of renunciation of Islam by a Muslim.Other than that, although the sentences dropped by the civil court might be against the beliefs and teachings of Islam such as death sentence, civil court has the authority to do so as Islamic Laws is limited only to the matters in the State List. All in all, Islamic Law is given a special position according to the Article 3(1) of the Federal Constitution, however Islamic Law is not fully implemented in Malaysia.