Interpreting Islam in the Constitution: Question of Fact or of Law?

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Tengku Ahmad Hazri

Abstract

Under Malaysia’s federalism, the legislative powers of the Federation are distributed between the federal and state governments by the Federal Constitution, classified under Federal List, State List and Joint List. Thus state legislature is authorised to legislate on matters involving, among others, Islamic law. This power includes to create “offences against the precepts of Islam”.1 So two questions then arise.

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