Sharia Law In Malaysia: Foreigners And Legal Exemptions

Malaysia has a dual-track legal system, with civil courts running in parallel with Islamic Sharia courts. While Sharia law is imposed only on Muslims, it has been applied in a more extreme manner in two Malaysian states, Kelantan and Terengganu.

Sharia law deals with moral and family matters, and covers issues such as morality, inheritance, marriage, and divorce. Non-Muslims are required to follow secular laws that deal with the same matters.

In practice, Sharia law is applied to all documented Muslims, but enforcement is inconsistent. Foreigners with no religion stated on their documents are free to do what they want.

In terms of marriage, a non-Muslim person who wishes to marry a Muslim person must convert to Islam before the marriage can be recognised as legally valid.

Sharia law in Malaysia applies to all Muslims, including foreigners

Malaysia has a dual-track legal system, with civil courts running in parallel with Islamic Sharia courts. Sharia law is imposed only on Muslims and deals with moral and family matters, such as inheritance, marriage, and divorce. Non-Muslims are required to follow secular laws that govern the same matters.

Sharia law in Malaysia is enforced by the religious police, known as the Jawi. They have the right to enter homes, bars, and hotels without a warrant and are known to arrest Muslims for drinking alcohol, kissing in public, gambling, and not praying enough, among other things.

While the Jawi primarily targets locals, foreigners are not exempt from Sharia law. In practice, however, enforcement is selective and often depends on the individual's profile and circumstances. For example, a foreigner with a Muslim-sounding name but no mention of religion on their identification documents may face fewer issues than a local Muslim.

Additionally, some have suggested that Sharia law is more strictly enforced on lower-income locals, with high-rise gated communities and wealthy foreigners being largely left alone. Ultimately, the risk of punishment under Sharia law depends on various factors, and foreigners should be aware of the potential consequences of violating Islamic laws in Malaysia.

Sharia law deals with moral and family matters

Sharia law, or the "way" or "path" in Arabic, is the overall way of life of Islam, as people understand it according to traditional, early interpretations. It is not a legal system but a moral religious system that guides the personal religious practices of Muslims worldwide.

Sharia law is derived from two main sources: the Quran, which is considered the direct word of God, and Hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form the Sunna. Some of the traditions and narratives included in these sources evolved from those in Judaism and Christianity, the other major Abrahamic religions.

In Malaysia, Sharia law applies to Muslims, including foreigners. However, it is limited to their personal lives, such as marriage, prayers, and zakat (alms). While freedom of religion is enshrined in the Malaysian Constitution, Islam is the state religion, and individuals with no religious affiliation are viewed with hostility. The country has a dual legal system, with a secular judicial system and Islamic courts that have jurisdiction over matters of Islamic law.

Non-Muslims are required to follow secular laws

Malaysia has a dual-track legal system, with civil courts running in parallel with Islamic Sharia courts. While Sharia law is imposed on Muslims, dealing with moral and family matters, non-Muslims are required to follow secular laws that deal with the same matters.

Sharia law covers matters such as morality, inheritance, marriage and divorce. It is applied throughout the country and has been applied more extremely in two Malaysian states, Kelantan and Terengganu.

Non-Muslims are not bound by Sharia law and can seek recourse from a Sharia court decision in the secular courts, which could overrule the Sharia courts. The secular courts govern Hindus, Christians, Buddhists and other religious minorities.

The impact of Malaysia's Islamic law on non-Muslims is a divisive issue. While the country's constitution guarantees freedom of religion, it has been questioned whether Islamic courts have the power to decide the fate of non-Muslims.

In one case, a Hindu woman tried to prevent her Muslim convert husband from seeking a divorce in a Sharia court and to stop him from converting their younger son to Islam. The court ruled that the Sharia court had jurisdiction over the matter.

In another case, a Malaysian Court awarded a temporary injunction to an ethnic Chinese man to prevent the local Islamic Council from taking the body of his wife and burying her in accordance with Muslim rites. The husband insisted she remained a Christian until her death and wanted her to be buried according to Christian rites.

In Malaysia, non-Muslims are not bound by Sharia law and are required to follow secular laws.

Sharia law is imposed more extremely in some states

Sharia law is imposed more extremely in some Malaysian states than in others. The country has a dual-track legal system, with Islamic criminal and family laws applicable to Muslims running alongside secular laws. Islamic laws are enacted by state legislatures, while secular laws are passed by the national parliament.

In 2024, Malaysia's top court, the Federal Court, declared 16 Islamic laws enacted by the state of Kelantan "void and invalid". These laws, which came into force in 2021, included provisions criminalising sodomy, incest, gambling, sexual harassment, and the desecration of places of worship. The court's decision was based on the grounds that the state had overstepped its authority in enacting the laws, as the subject matter was covered under the national parliament's law-making powers.

The decision could have a "domino effect", with sharia laws in other states likely to face similar challenges. Kelantan is governed by the Parti Islam Se-Malaysia (PAS), which advocates for a stricter interpretation of Islamic law. The party holds more seats in parliament than any other party and has seen increased popularity amid growing Islamic conservatism among Malaysia's majority ethnic Malay Muslims.

While the Federal Court's ruling only applied to the laws of Kelantan, other states with similar laws could face legal challenges. Malaysia's constitution allows for a dual justice system, with sharia law playing a relatively small role in defining the country's laws. It only applies to Muslims and is limited to personal law matters such as marriage, inheritance, and apostasy.

In some states, there are sharia criminal laws, such as the Kelantan Syariah Criminal Code Enactment 1993. However, their jurisdiction is limited to imposing fines of up to RM 5,000 and imprisonment of up to three years.

The application of sharia law in Malaysia has been a subject of debate and controversy, with some arguing for a stricter interpretation and others calling for a more liberal approach.

Sharia law is selectively enforced by local officials

Sharia law is applied differently across Malaysia's 13 federal states. For example, in some states, unmarried Muslim couples caught in hotel rooms can be charged, while in Kuala Lumpur, the national capital, the rules are more relaxed.

Sharia courts administer the personal affairs of Muslims, while civil courts govern Hindus, Christians, Buddhists, and other religious minorities. The Islamic Affairs Department (Jabatan Agama Islam), the national Muslim law body, was established shortly after independence and was given more power after the Sharia laws were strengthened in the 1990s.

The enforcement of Sharia law often depends on the socioeconomic status of the individuals involved. For example, those living in high-rise gated communities are typically immune to enforcement actions, while locals and those in the B40 section are more likely to be targeted.

Additionally, the enforcement of Sharia law can vary based on the discretion of local officials and the willingness of community members to report suspected violations. While there are religious police known as the Jawi who routinely arrest Muslims for violating Sharia law, their actions are sometimes influenced by bribery and the presence of vigilantes within their ranks.

Overall, while Sharia law officially applies to Muslims in Malaysia, its enforcement is selective and subject to the discretion of local officials, community members, and socioeconomic factors.

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