Malaysia - February 2024

Former Prime Minister Najib Razak received a partial royal pardon from a pardons board headed by Malaysia’s outgoing monarch for his role in the 1MDB corruption scandal on 2 February. Razak’s jail sentence was reduced from 12 to six years and his fine from MYR 210 million (USD 44.5 million) fine to MYR 50 million, or slightly more than the MYR 42 million he was found to have personally received for his role in the 1MDB scheme. The pardons board did not provide an explanation for its decision, which was met with criticism by lawmakers and anti-corruption campaigners. The reduced sentence means Razak will be eligible for parole before Malaysia’s next general elections in early 2028. Razak is reportedly unhappy to have not received a full pardon and has appealed again to the pardons board.

Sources: Channel News Asia, South China Morning Post, Reuters, Reuters (2)

Malaysia’s apex Federal Court ruled on 9 February that 16 Islamic laws from the state of Kelantan are unconstitutional, setting up a conflict over the border between Malaysia’s parallel civil and Islamic legal systems. The laws in question include criminalizing sodomy and sexual harassment, as well as “desecrating places of worship” and having sex with a corpse. Islamic law in Malaysia applies only to Muslims, is constitutionally supposed to regulate only personal and family matters and is legislated by state assemblies. the national parliament is empowered to govern civil law and the court ruled the laws in question attempted to regulate matters that belonged to the latter’s jurisdiction. The landmark ruling has been met with significant backlash from conservative Islamic political parties and activists who accuse the court and government of Premier Minister Anwar Ibrahim of ‘burying’ Sharia law. The Chief Justice Tengku Maimun Tuan Mat has countered the criticism, publicly stating the ruling does not affect the place of Islam or Sharia jurisprudence in Malaysia.

Sources: Straits Times, The Diplomat