SHAH ALAM, Aug 3 — Proposed amendments to the Laws of the Constitution of Selangor 1959 are meant to reinforce and clarify the legal position of Islam and the shariah judiciary, rather than introduce new policies or expand shariah courts’ jurisdiction, the Selangor State Legislative Assembly heard today.
State executive councillor for Islam and innovation Dr Fahmi Ngah added that the proposals were drafted within powers conferred on the state under the Federal Constitution.
“The proposed amendments fall within the legislative powers of the state assembly under the Federal Constitution to enact laws relating to the administration of Islam, including provisions on Islam according to the Ahli Sunnah Wal Jamaah doctrine and the shariah judiciary,” he said in his wind-up speech on the State Constitution (Amendment) Bill 2026.
He said the amendments were aimed at strengthening the position of the shariah courts as Selangor’s judicial institution against future legal challenges, rather than creating new powers.
Fahmi said the amendments would not resolve issues arising from recent Federal Court decisions involving shariah criminal laws, including the Nik Elin and Iki Putra cases, as those matters fall under federal jurisdiction.
“To enable states to enact shariah criminal laws involving offences that overlap with federal laws, further study and amendments to the Federal Constitution are required,” he explained.
He said the state is awaiting the outcome of a study by a National Council for Islamic Religious Affairs (MKI) study, which would first be presented to the Conference of Rulers.
The Nik Elin and Iki Putra cases are landmark Federal Court rulings that invalidate several state shariah criminal law provisions as it was found that they exceed the legislative powers of state legislature under the Federal Constitution.
Fahmi also dismissed concerns that the state constitutional amendments would affect the rights of non-Muslims, stressing that the jurisdiction of the shariah courts would continue to apply only to Muslims.
“It is clearly understood that shariah courts apply only to Muslims. Therefore, these amendments have nothing to do with non-Muslims,” he said.
On the financial implications, Fahmi said the constitutional amendments would not require additional state expenditure, although operational costs for the proposed four-tier shariah court structure would be addressed tomorrow under a separate amendment.
Earlier today, when tabling the State Constitution (Amendment) Bill 2026, Fahmi said the changes would introduce a four-tier shariah court structure comprising the Shariah Supreme Court, Shariah Court of Appeal, Shariah High Court, and the Lower Shariah Court.
Meanwhile, he welcomed a proposal from Seri Serdang assemblyman Abbas Salimi Azmi to establish a special select committee after the legislation is passed to monitor its implementation and recommend improvements.
Fahmi will continue his wind-up speech tomorrow as today’s session was adjourned due to time constraints.
