Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Pith and substance

Legal area

Court

25 Feb 2021

IKI PUTRA BIN MUBARRAK 1.KERAJAAN NEGERI SELANGOR 2.MAJLIS AGAMA ISLAM SELANGOR

Citation

BKA-3-11/2019(W) (Mahkamah Persekutuan)
Court

W
Case number

BKA-3-11/2019(W) (Mahkamah Persekutuan)

Although the impugned provision is an offence against the precepts of Islam, in pith and substance it constitutes criminal law which falls within the Federal List; the State preclusion clause therefore precludes the State Legislature from enacting this offence and the impugned provision is ultra vires the Federal Constitution; only Parliament may legislate such offences.
14 May 2020

Iki Putra bin Mubarrak Kerajaan Negeri Selangor

Citation

BKA-3-11/2019(w) (Mahkamah Persekutuan)
Court

w
Case number

BKA-3-11/2019(w) (Mahkamah Persekutuan)

Preliminary objection dismissed; leave under Article 4(4) granted because the applicant demonstrated that leave was necessary (challenge to State legislative competence in light of existing federal provisions) and that the application was not frivolous but raised an arguable case requiring full court determination on whether Section 28 intrudes into matters in the Federal List or is otherwise dealt with by federal law; merits to be determined by the full Federal Court.