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In the now infamous ,[xxxiii] in 2012, officers of JAWI,[xxxiv] accompanied by the media, raided the Borders Bookstore at The Gardens, Mid Valley City in Kuala Lumpur.During the raid, the JAWI officers seized several books by international author Irshad Manji, titled which was also seized on the grounds that the books were prohibited.[xxxv] At the material time, the publications were, in fact, not subject to any prohibition order by the Minister of Home Affairs.The Court of Appeal was of the view that any law, be it Federal or State, that breached the Federal Constitution must be struck down and any Federal or any State Government and its agencies that apply the law wrongfully must be corrected.[xxxviii] In June 2014, enforcement officers of JHEAINS[xxxix] arrested 17 people at a wedding reception.Those arrested were transgender persons, nicknamed applied to the High Court for judicial review, which was refused.

Another issue was the reluctance of the police to act on the complaints made by the non-Muslim spouse.This private aspect of Islamic law is only applicable to Muslims as their personal law.[xxvii] Islam being the religion of the Federation did not mean that laws passed by Parliament must be imbued with Islamic religious principles; nor did the existence of Shariah law prior to independence require that laws of general application must conform to the Shariah, for to hold otherwise would be contrary to the constitutional and legal history of the Federation and also to the Civil Law Act 1956, which provides for the reception of English common law in this country.[xxviii] It is in this sense of the dichotomy that the framers of the Constitution understood the meaning of the word “Islam” in the context of Article 3.Religion being often described as a sensitive matter in Malaysia, the concluding words of Salleh Abbas LP are noteworthy: [xxix] Jurisdictional controversies This dichotomy between the public and private aspects of Islamic law, when ignored, has given rise to difficulties.The State List stipulates that the Shariah court is to have jurisdiction only over persons professing the religion of Islam and in respect only of the above matters.It is also provided that the Shariah court shall not have any jurisdiction in respect of offences unless conferred by federal law.




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