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Bismillah! Al Hamdulillah!
Wa AsSalatu AsSalamu A’ala Rasulallah!
AsSalamu Alaikum Wa Rahmatuallh Wa Barakatuhu!
There are many who keep Malaysia on their prospective Hijrah destination list. Sadly, most of these Muslims are not aware of the status of Malaysia in the Hijrah perspective. Neither they know the criteria for considering a land as the land of Hijrah.
In our research about Malaysia, we discarded it from our list of a prospective Hijrah destination because of the main reason, their constitution is based on democracy which incorporates Kuffar’s law.
But there are two states/ provinces of Malaysia namely ‘Kelantan’ and ‘Terengganu’ which are based on Shariah law. We can say, they intend to run those lands in Islamic Shariah. But the problems go back to the Malaysian federal government again. The federal govt. prevent those two states from implementing Allah’s Shariah.
Fact about Malaysia:
Since Malaysia’s law is based on ‘English Common Law’ with a mix of Shariah Law, which they call a dual system of law. Therefore, the Malaysian federal/ central govt system itself appears to be in KUFR.
And here what the report says:
“The two states of Malaysia, ‘Kelantan’ and ‘Terengganu’ are bound/ obliged under the Fed govt law: though they are intending to implement Shariah law and have enacted hudood (Islamic penal law) for Muslims, although the federal government has never allowed the implementation.”
“The party (PAS) `favours tough Islamic legal norms and once sought to implement a criminal code known as “hudud,” which prescribes penalties such as amputations for theft and death by stoning for adultery. But the federal/ national government blocked the move.”
“Recently, last February 2024, such events reoccurred when ‘Kelantan’ province enacted a more strict law against the LGBTQ+ movement:”
“In the past, there might not have been much of this issue (women acting like men). Now, however, we see that ‘Pengkid’ (tomboys or lesbians) and similar cases are becoming more widespread. So, the state government intends to curb this issue,”
“State Shariah Implementation, Education and Higher Education Committee chairman Datuk Satiful Bahari Mamat said the amendment also involved Section 33A (women acting like men), Section 36A (preparation for sodomy), and Section 29A (pregnant or giving birth to a child out of wedlock).”
But the federal/ national government blocked the move:
“On Friday, the Federal Court ruled that 16 provisions under the Kelantan Syariah Enactment were unconstitutional.”
“PAS secretary-general Datuk Seri Takiyuddin Hassan described the Federal Court judgment as a black Friday for the Syariah court.”
This affected the other Shariah province ‘Terengganu’:
“But after the Federal court’s decision on ‘Kelantan’ issue the rebuttal:
“The ‘Terengganu’ government will examine all aspects of the state’s shariah criminal law to ensure it does not contradict federal law”, says Menteri Besar Ahmad Samsuri Mokhtar.
He said this after the Federal Court on Friday struck down 16 provisions of the ‘Kelantan Syariah Criminal Code’ (I) Enactment 2019 on grounds of unconstitutionality.”
https://www.thestar.com.my/news/nation/2024/02/13/terengganu-set-to-review-its-syariah-laws
“Mentri Besar Datuk Seri Dr Ahmad Samsuri Mokhtar (pic) said the in-depth review would cover all aspects of the Federal Court’s decision to strike out 16 provisions under the Kelantan Syariah Criminal Enactment 2019.”
“Ahmad Samsuri said the apex court’s decision had not only affected Kelantan but also the entire nation, including Terengganu.”
“He told Sinar Harian that his government would take the necessary action against any party that intends to challenge the state’s criminal Syariah enactment, adding that the court’s decision had left a negative impact on the Syariah legal system in the country.”
So, you can understand, while these two states of Malaysia, ‘Kelantan’ and ‘Terengganu’ is trying to implement Shariah law, the Malaysia govt. prevents them by going against Shariah law, which is clear Kufr.
Whereas ACEH, being an independent province of Indonesia, enacts laws independently.
That’s what places ACEH in a better position than those two provinces of Malaysia.
And Allah knows best.
May Allah make it beneficial for us.
May Allah grant us a land where we can practice/ establish our Deen.
May Allah makes our Hijrah easy.
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