Shariah Offences and Fundamental Liberties in Malaysia

The debate about the scope of Syariah offences in Malaysia in reality impinges on the pertinent question of the limits to legislation by the state government. Commentators have often noted that since Malaysia does not follow the doctrine of Parliamentary supremacy, the power of Parliament to enact laws is constrained by the Federal Constitution, which declares itself the “supreme law of the Federation”.1 If Parliament enacts laws contrary to the constitution, the judiciary is empowered and authorized to declare such legislation unconstitutional and hence null and void.