Interestingly, this arguably will erect legal barriers for the passing of shariah law in respective states. 3 lessons about the Malaysian Federal Constitution we gained from the transgender case ruling: 1. The Federal Constitution had confined the word “Islam” in Article 3 to the areas of marriage, divorce and inheritance law, based on the history of Islamic legislation in Malaya. 2. Article 162 stating that existing laws shall continue to be in force on and after Merdeka Day, purposely preserves the continuity of secular law prior to the Constitution, unless such law is contrary to the latter. 3. What Article 3(4) means is that Article 3(1) is subject to, among others, the fundamental liberties provisions as enshrined in Part II of the Federal Constitution 3(1) be given a restrictive meaning. -SIS
Posted on: Wed, 21 Jan 2015 11:35:53 +0000
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