Sharia in the Federal Constitution

Federal Constitution · Federal Constitution (Articles 3, 11, 12, 74, 75, 121, 160; Ninth Schedule)
Perlembagaan Persekutuan
Applies to: Federal (whole of Malaysia) · Official text ↗

Key points

Islam is the religion of the Federation, but other religions may be practised in peace and harmony (Art 3(1)).
Each Ruler is Head of the religion of Islam in his state; the Yang di-Pertuan Agong is Head of Islam in Melaka, Penang, Sabah, Sarawak and the three Federal Territories (Art 3(2), (3), (5)).
Islamic law is mainly a STATE subject (Ninth Schedule, List II, item 1). Parliament makes the Islamic laws for the Federal Territories.
Syariah courts deal only with Muslims and only with the matters in item 1; their criminal powers come from federal law (Act 355).
Civil High Courts have no jurisdiction over matters within the Syariah courts' jurisdiction (Art 121(1A)), but the Federal Court has held that civil courts still decide constitutional questions.
States cannot create Islamic offences on matters that belong to Parliament's criminal law (Iki Putra 2021; Nik Elin 2024).

What the Constitution says about Islam

The Federal Constitution (Perlembagaan Persekutuan) is the supreme law of Malaysia. It does not set out a code of Sharia (Islamic law). Instead it decides who may make Islamic laws, which courts apply them, and whom they bind.

Art 3(1): Islam is the religion of the Federation (agama bagi Persekutuan), but other religions may be practised in peace and harmony anywhere in the Federation.
Art 3(4): nothing in Art 3 overrides any other provision of the Constitution. The Federal Court has often read Art 3 together with the rest of the Constitution, not as a free-standing source of law.
Art 11: every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it. Every religious group may manage its own religious affairs, set up religious or charitable institutions, and own property (Art 11(3)). State law (and federal law for the Federal Territories) may control or restrict the propagation of other doctrines or beliefs among Muslims (Art 11(4)). Art 11 does not permit acts against general laws on public order, public health or morality (Art 11(5)).
Art 12(3)–(4): no one may be required to receive instruction in, or take part in worship of, a religion other than his own. For this purpose, the religion of a person under 18 is decided by his "parent or guardian".

The Rulers as Heads of Islam

Religion stays with the Malay Rulers (Raja-Raja Melayu). Under Art 3(2), the position of each Ruler as Head of the religion of Islam (Ketua Agama Islam) in his state, as set out in that state's constitution, is preserved. For ceremonies that the Conference of Rulers agrees should cover the whole Federation, the other Rulers authorise the Yang di-Pertuan Agong to represent them.

States without a Ruler, namely Melaka, Penang, Sabah and Sarawak, must make the Yang di-Pertuan Agong Head of Islam in their own constitutions (Art 3(3)). The Yang di-Pertuan Agong is also Head of Islam in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya. Parliament may make laws there to regulate Islamic affairs and to set up a Council to advise him (Art 3(5)). That Council is the Majlis Agama Islam Wilayah Persekutuan (MAIWP) under Act 505.

In practice this is why each state has its own Majlis Agama Islam (religious council), mufti, religious department and Syariah courts, all operating under the Ruler's authority.

Who makes Islamic law: Art 74 and List II item 1

Art 74(2) lets each State Legislature make laws on the matters in the State List (List II) of the Ninth Schedule. Item 1 of that list covers, except in the Federal Territories:

Islamic law and personal and family law of Muslims, including succession (testate and intestate), betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, partitions and non-charitable trusts;
wakaf and charitable and religious trusts; Malay custom; zakat, fitrah and Baitulmal; mosques;
creating and punishing offences by Muslims against the precepts of Islam, "except in regard to matters included in the Federal List";
the constitution, organisation and procedure of Syariah courts, which have jurisdiction only over persons professing Islam and only on item 1 matters, and no criminal jurisdiction except as conferred by federal law;
control of the propagation of doctrines and beliefs among Muslims; and the determination of matters of Islamic law and doctrine and Malay custom.

For the Federal Territories, Parliament legislates instead, which is why the Federal Territories laws are Acts of Parliament (Acts 303, 505, 559, 560, 561, 585). The criminal-power limit referred to in item 1 is the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355). If a state law is inconsistent with a federal law, the federal law prevails (Art 75). See State Islamic enactments for each state's laws.

Two court systems: Art 121(1A)

Art 121(1A) (added in 1988) says the High Courts and the courts below them "shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts". It was meant to stop civil courts from overturning Syariah court decisions on Islamic matters. See Syariah courts and Malaysian courts.

The Federal Court has since explained that the clause does not take away the civil courts' power to interpret the Constitution and to review whether a public body acted lawfully. Major rulings (holdings as reported; check the full judgments before relying on them):

Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak (Federal Court, 29 January 2018): the civil courts' judicial power is part of the Constitution's basic structure and Art 121(1A) does not oust it. The unanimous court held that the conversion to Islam of the children of a civil marriage by one parent, without the other parent's consent, was invalid; in Art 12(4), "parent" requires the consent of both parents where both are alive. The conversion certificates were quashed.
Rosliza binti Ibrahim v Kerajaan Negeri Selangor (Federal Court, 5 February 2021): whether a person was ever a Muslim from birth can be decided by the civil High Court. Cases of a Muslim who wishes to leave Islam remain with the Syariah court.
Iki Putra Mubarrak v Kerajaan Negeri Selangor (Federal Court, 25 February 2021): s 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 (unnatural intercourse) was void. Criminal law is a federal matter; the words "except in regard to matters included in the Federal List" bar states from making offences that Parliament covers.
Nik Elin Zurina binti Nik Abdul Rashid v Kerajaan Negeri Kelantan (Federal Court, 9 February 2024, 8–1): 16 provisions of the Kelantan Syariah Criminal Code (I) Enactment 2019 were declared void for the same reason, among them offences on sodomy, sexual harassment, incest, intoxicants, false evidence, usury transactions and abuse of the halal label. Two provisions (selling or giving away a child, and words that may break the peace) were upheld. The majority used a two-step test: is the offence religious, and is it purely religious rather than ordinary criminal law in substance?

In June 2026 the Kuala Lumpur High Court dismissed a challenge by Indira Gandhi and 13 others to the unilateral-conversion provisions of several state laws. It did so on standing, not on the merits, so those provisions remain on the books.

Who counts as a "Muslim"

The Constitution speaks of "persons professing the religion of Islam" but has no general definition of "Muslim". (Art 160 defines a Malay as, among other things, a person who professes Islam. That definition is for Malay status, not for Syariah jurisdiction.)

The working definitions are in state enactments and the Federal Territories Acts. In the Federal Territories, Act 505 s 2 treats as a Muslim a person who professes Islam; a person either or both of whose parents were Muslims at the time of his birth; a person brought up as a Muslim; a person who converted under s 85; a person commonly reputed to be a Muslim; or a person shown to have declared he was a Muslim when bound by law to tell the truth. Act 303 s 5 says that, for family-law purposes, the question is decided by general reputation, without probing the person's faith or conduct.

Conversion to Islam is governed by state law: in the Federal Territories, Act 505 ss 85–95 (see Act 505). Leaving Islam has no general procedure in federal law. Applications to declare that a person is no longer a Muslim go to the Syariah court under each state's law, and the outcome differs by state.

Sharia basis (for information)

Classical Islamic jurisprudence (fiqh) recognises that a Muslim ruler may organise courts, appoint judges and regulate religious administration in the public interest. The Malaysian arrangement, with Rulers as Heads of Islam, state councils, muftis and Syariah courts, is one modern way of doing this. Two Qur'anic principles are often cited in Malaysian discussions of this area:

Qur'an 2:256: "There is no compulsion in religion", often cited alongside the freedom of religion in Art 11.
Qur'an 4:58: the command to deliver trusts to those entitled to them and, when judging between people, to judge with justice, the basis of the duty of Syariah judges.

How these principles apply to a given case is for the courts and the state religious authorities. This page does not give religious rulings (fatwa).

Laws cited on this page

Act 303	Islamic Family Law (Federal Territory) Act 1984 · Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984	Official text
Act 355	Syariah Courts (Criminal Jurisdiction) Act 1965 · Akta Mahkamah Syariah (Bidang Kuasa Jenayah) 1965	Official text
Act 505	Administration of Islamic Law (Federal Territories) Act 1993 · Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993	Official text
Act 574	Penal Code · Kanun Keseksaan	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
Art 3(1)	Islam is the religion of the Federation; other religions may be practised in peace and harmony.
Art 3(2)	Each Ruler remains Head of the religion of Islam in his state.
Art 3(3), 3(5)	The Yang di-Pertuan Agong is Head of Islam in Melaka, Penang, Sabah, Sarawak and the Federal Territories; Parliament may regulate Islamic affairs in the Federal Territories.
Art 3(4)	Art 3 does not override any other provision of the Constitution.
Art 11(1), (3)	Freedom to profess, practise and (subject to Clause 4) propagate religion; religious groups manage their own affairs.
Art 11(4)	State law, and federal law for the Federal Territories, may restrict propagation of other religions among Muslims.
Art 12(4)	The religion of a person under 18 is decided by the parent or guardian (read as both parents in Indira Gandhi, 2018).
Art 74(2)	State Legislatures make laws on State List matters, including Islamic law.
Art 75	Federal law prevails over an inconsistent state law.
Art 121(1A)	Civil High Courts have no jurisdiction over matters within the jurisdiction of the Syariah courts.
Art 160(2)	Defines "Malay" (one element is professing Islam); not a general definition of Muslim.
Ninth Schedule, List II, item 1	The list of Islamic matters that states legislate on, including Syariah courts and Islamic offences, except Federal List matters.

Worked examples

Example 1: A state creates a new Islamic offence

Facts. A state assembly passes an enactment making it an Islamic offence for a Muslim to sell goods using false weights.

The law. States may create offences against the precepts of Islam (List II item 1) but not on matters in the Federal List, which includes criminal law. In Nik Elin (2024) the Federal Court struck down a similar Kelantan provision on reducing scales, measures and weights, because the Penal Code and consumer laws already cover the same conduct.

Outcome. The provision is open to challenge as beyond the state's power. Anyone affected can seek legal advice on a constitutional challenge; until a court decides, the law stays in force.

Example 2: Conversion of a child by one parent

Facts. Ravi and Kavitha married under civil law. Ravi converts to Islam and registers their 8-year-old daughter as a Muslim without telling Kavitha.

The law. In Indira Gandhi (2018) the Federal Court held that under Art 12(4) both parents must consent to a minor's conversion, and that civil courts may review conversion certificates despite Art 121(1A). Some state laws still say "parent or guardian", and a 2026 High Court challenge to them failed on standing.

Outcome. Kavitha can apply to the civil High Court for judicial review of the conversion registration, relying on Indira Gandhi. She should see a lawyer quickly.

Example 3: Which court for a Muslim couple's divorce?

Facts. Aminah and Hafiz, both Muslims living in Shah Alam, want to divorce and divide their house.

The law. Divorce and harta sepencarian of Muslims are List II item 1 matters within the Syariah courts' jurisdiction. Under Art 121(1A) the civil High Court has no jurisdiction over them.

Outcome. They file in the Selangor Syariah court under the Selangor Islamic Family Law Enactment. See the Muslim family law page.

Example 4: Never a Muslim?

Facts. Mei Ling was born to a Buddhist mother and a Muslim father who were never married, was brought up a Buddhist, and finds she is recorded as a Muslim.

The law. In Rosliza (2021) the Federal Court held that the civil High Court can decide whether a person was ever a Muslim from birth; that is different from a Muslim seeking to leave Islam.

Outcome. She can seek a declaration in the civil High Court, with a lawyer's help. Facts matter greatly in such cases.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Is Malaysia an Islamic state under the Constitution?

The Constitution says Islam is the religion of the Federation (Art 3(1)) and that other religions may be practised in peace and harmony. Art 3(4) says this does not override other provisions, and the Constitution is the supreme law. Whether Malaysia is an "Islamic state" is a political debate; legally, Islamic law applies to Muslims in the areas the Constitution allows.

Why does each state have different Islamic laws?

Islamic law is in the State List (Ninth Schedule, List II, item 1), so each State Legislature makes its own enactments under Art 74(2), with its Ruler as Head of Islam. Parliament makes the Islamic laws only for the Federal Territories. Many state laws follow similar models but section numbers and penalties differ.

Can a civil court overrule a Syariah court?

Not on matters within the Syariah courts' jurisdiction (Art 121(1A)). But the civil courts decide whether a matter is within that jurisdiction, interpret the Constitution, and can review state action for constitutional validity (Indira Gandhi, 2018).

Do Syariah laws apply to non-Muslims?

No. Syariah courts have jurisdiction only over persons professing Islam (List II item 1). A non-Muslim may be affected indirectly, for example in a dispute about whether someone was a Muslim, but is not subject to Syariah offences. Some state rules on propagation of other religions among Muslims (Art 11(4)) can apply to anyone.

Why can't Syariah courts impose heavier punishments?

List II item 1 says Syariah courts have no criminal jurisdiction except as conferred by federal law. That law is Act 355, which caps punishment at 3 years' jail, a RM5,000 fine and 6 strokes of whipping, or a combination.

Who is the Head of Islam where I live?

In states with a Ruler, the Sultan or Raja (or the Yang di-Pertuan Besar in Negeri Sembilan) under that state's constitution. In Melaka, Penang, Sabah, Sarawak and the Federal Territories it is the Yang di-Pertuan Agong (Art 3(3), (5)).

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This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Federal Constitution Syariah courts Malaysian law and Sharia compared Administration of Islamic Law (Federal Territories) Act 1993 (Act 505)Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355)State Islamic laws: a guide to the 13 states and the Federal Territories Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559)