Akta Kesalahan Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997
Applies to: Federal Territories (Muslims only); each state has its own enactment Ā· Official text ā
- Applies only to Muslims, and only in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya (s 1).
- Four main groups of offences: 'aqidah (belief), sanctity of Islam and its institutions, decency (morality), and miscellaneous.
- Typical penalties range from RM1,000 / 6 months to RM5,000 / 3 years, with whipping of up to 6 strokes for some sexual offences, all within the Act 355 cap.
- A child who is not baligh cannot commit an offence (s 51); other general exceptions mirror the Penal Code.
- Courts may send offenders for counselling or rehabilitation for up to 6 months (ss 55ā56).
- Investigations, arrest and trial follow Act 560; evidence follows Act 561.
What this law covers and who it applies to
Act 559 creates Syariah criminal offences (kesalahan jenayah Syariah): acts that are offences against the precepts of Islam. It applies only to persons professing Islam and only in the Federal Territories of Kuala Lumpur and Labuan (s 1(2)), extended to Putrajaya by a 2002 order. Non-Muslims are never charged under it, though some offences, such as propagating other religions among Muslims (s 5), concern conduct towards Muslims.
Each state has its own Syariah Criminal Offences Enactment, for example Selangor's 1995 Enactment and Kelantan's Syariah Criminal Code (I) Enactment 2019. They cover similar ground, but offences, numbering and penalties differ. Since Iki Putra (2021) and Nik Elin (2024), state offences that overlap with Parliament's criminal law (for example sodomy, incest or false evidence in the Kelantan code) have been struck down as beyond state power. See Sharia in the Constitution.
Act 559 is federal law made by Parliament for the Federal Territories, so it does not raise the same state-competence question. Its penalties must still stay within the Syariah courts' criminal ceiling under Act 355: 3 years' jail, RM5,000 fine, 6 strokes of whipping, or any combination. The text summarised here is the reprint as at 1 January 2006.
The four groups of offences
| Group (Part) | Examples (section) | Maximum penalty |
|---|---|---|
| Offences relating to 'aqidah (belief), Part II | Wrongful worship (s 3); teaching false doctrine contrary to Islamic law or a gazetted fatwa (s 4); propagating other religions among Muslims (s 5); falsely claiming to be a prophet, Imam Mahdi or wali (s 6) | s 3, 5: RM3,000 / 2 years. s 4: RM5,000 / 3 years / 6 strokes. s 6: RM5,000 / 3 years |
| Sanctity of Islam and its institutions, Part III | Insulting Islam (s 7); deriding Qur'an or Hadith (s 8); defying religious authorities or a fatwa (s 9); teaching without a tauliah (s 11); opinion contrary to a fatwa (s 12); failing Friday prayers (s 14); disrespecting Ramadan (s 15); not paying zakat or fitrah (s 16); gambling (s 18); intoxicating drinks (s 19) | From RM1,000 / 6 months (ss 14, 16) to RM5,000 / 3 years (ss 8, 11, 19(2)) |
| Decency (kesusilaan), Part IV | Incest (s 20); prostitution (s 21); procuring (muncikari, s 22); sexual intercourse out of wedlock (s 23); acts preparatory to it (s 24); liwat (s 25); musahaqah (s 26); khalwat (s 27); a man posing as a woman for immoral purposes (s 28); indecent acts in a public place (s 29) | ss 20ā23, 25, 26: RM5,000 / 3 years / 6 strokes. s 24, 27: RM3,000 / 2 years. s 28: RM1,000 / 1 year. s 29: RM1,000 / 6 months |
| Miscellaneous, Part V | False evidence or false information (s 30); takfir, calling a Muslim an unbeliever (s 31); defiling a mosque (s 32); collecting or paying zakat to unauthorised persons (ss 33ā34); encouraging vice (s 35); enticing a married woman (s 36); preventing a married couple from living together (s 37); instigating divorce (s 38); qazaf, a zina accusation without four male witnesses or a confession (s 41); abuse of the halal sign (s 42) | From RM1,000 / 6 months (s 34) to RM5,000 / 3 years (ss 31, 35, 36, 38, 41, 42) |
"RM3,000 / 2 years" means a fine up to RM3,000 or jail up to 2 years or both; "6 strokes" means whipping up to 6 strokes, alone or combined.
Some offences in detail
- Khalwat (s 27): a man found with one or more women who are not his wife or mahram (or a woman with men who are not her husband or mahram) in a secluded place, or in a house or room, in circumstances that may give rise to suspicion of immoral acts. Maximum: RM3,000 fine, 2 years' jail, or both. It is the circumstances that matter, not proof of sexual activity.
- Intoxicating drinks (s 19): consuming in a shop or other public place (RM3,000 / 2 years); making, selling, offering, keeping or buying (RM5,000 / 3 years). It applies to Muslims only.
- Friday prayers (s 14): a male Muslim who has reached puberty (baligh) and misses Friday prayers at a mosque in his kariah for three consecutive weeks without a valid excuse (uzur syarie) or reasonable cause. Maximum: RM1,000 / 6 months.
- Ramadan (s 15): selling food, drink or tobacco to a Muslim for immediate consumption during fasting hours, or eating, drinking or smoking openly or in public. RM1,000 / 6 months for a first offence; RM2,000 / 1 year for repeats.
- Sexual intercourse out of wedlock (s 23): an unmarried pregnancy is prima facie evidence against the woman if the intercourse was consensual. A fully developed baby born within six lunar months of marriage is deemed to have been conceived out of wedlock.
- Fatwa offences (ss 9, 12): only a gazetted fatwa counts (see Act 505). Prosecutions under ss 4, 8, 9, 12 and 13 need the Chief Syariah Prosecutor's sanction (Act 560 s 73).
Abetment, attempt, exceptions and rehabilitation
- Abetment (ss 43ā46): instigating, conspiring or intentionally aiding is punished as the main offence if the act is committed. Abetting from the Federal Territories an act done elsewhere is also caught.
- Attempt (s 47): punished as the offence, but jail may not exceed half the maximum.
- General exceptions (ss 48ā53): acts of a judge acting judicially; acts under a court order; mistake of fact; a child who is not baligh; unsoundness of mind (including involuntary intoxication); and acts done under threat of instant death.
- Rehabilitation (ss 54ā56): for 'aqidah offences and ss 7, 8, 9 and 31, the court may order up to 6 months' counselling at an approved rehabilitation centre. A woman convicted of a Part IV offence may be committed to an approved home for up to 6 months. Combined with jail, the total may not exceed 3 years.
How cases are handled
Complaints go to the religious department (in the Federal Territories, JAWI). Religious enforcement officers investigate, arrest and charge under the Syariah Criminal Procedure Act (Act 560). The Chief Syariah Prosecutor decides on prosecution. Trials take place in the Syariah Subordinate Court (offences up to RM2,000 / 1 year) or the Syariah High Court, under Act 505 ss 46ā47. Proof follows the Syariah Court Evidence Act (Act 561). An accused may be represented by a Peguam Syarie. If you are arrested, see also Your rights when arrested.
Sharia basis (for information)
- Intoxicants and gambling: Qur'an 5:90 calls wine (khamr) and gambling (maysir) defilement from the work of Satan and commands avoiding them.
- Friday prayer: Qur'an 62:9 commands believers to hasten to the remembrance of Allah when the call to Friday prayer is made, and to leave trade.
- Zina and seclusion: Qur'an 17:32, "do not approach zina". The Prophet (peace be upon him) said no man should be alone with a woman except in the presence of a mahram (Sahih al-Bukhari 5233, Book of Marriage; also in Sahih Muslim, Book of Pilgrimage). This is the classical basis of the khalwat rule.
- Qazaf: Qur'an 24:4 prescribes punishment for those who accuse chaste women and do not bring four witnesses.
Classically, the fixed (hadd) penalties for some of these acts are much heavier than Act 559's. The Act's penalties are discretionary (ta'zir-type) punishments within the Act 355 limits. This is general information, not a fatwa.
Laws cited on this page
| Act 355 | Syariah Courts (Criminal Jurisdiction) Act 1965 Ā· Akta Mahkamah Syariah (Bidang Kuasa Jenayah) 1965 | Official text |
| Act 505 | Administration of Islamic Law (Federal Territories) Act 1993 Ā· Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993 | Official text |
| Act 559 | Syariah Criminal Offences (Federal Territories) Act 1997 Ā· Akta Kesalahan Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997 | Official text |
| Act 560 | Syariah Criminal Procedure (Federal Territories) Act 1997 Ā· Akta Prosedur Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997 | Official text |
| Act 561 | Syariah Court Evidence (Federal Territories) Act 1997 Ā· Akta Keterangan Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1997 | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia ā
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1(2) | Applies only in the Federal Territories and only to Muslims. |
| s 4 | Teaching false doctrine contrary to Islamic law or a gazetted fatwa: up to RM5,000 / 3 years / 6 strokes. |
| s 7ā8 | Insulting Islam (RM3,000 / 2 years); deriding the Qur'an or Hadith (RM5,000 / 3 years). |
| s 9, 12 | Defying religious authority or a fatwa; opinion contrary to a fatwa: RM3,000 / 2 years. |
| s 11 | Teaching Islam without a tauliah: RM5,000 / 3 years (home teaching of own household exempt). |
| s 14 | Missing Friday prayers 3 weeks in a row without excuse: RM1,000 / 6 months. |
| s 15 | Disrespecting Ramadan: RM1,000 / 6 months; repeat RM2,000 / 1 year. |
| s 16 | Refusing to pay zakat or fitrah: RM1,000 / 6 months. |
| s 19 | Drinking in public (RM3,000 / 2 years); making or selling liquor (RM5,000 / 3 years). |
| s 23 | Sexual intercourse out of wedlock: RM5,000 / 3 years / 6 strokes. |
| s 27 | Khalwat: RM3,000 / 2 years. |
| s 41 | Qazaf (false zina accusation): RM5,000 / 3 years. |
| s 47 | Attempt: same punishment, but at most half the maximum jail term. |
| s 51 | No offence by a child who is not baligh. |
| s 55ā56 | Rehabilitation centre or approved home for up to 6 months. |
Worked examples
Facts. Religious officers find Amir and Liyana, who are not married or related, alone in Amir's flat in Kuala Lumpur at 2 a.m.
The law. s 27 khalwat: a man and a woman who are not spouses or mahram, found together in a house in circumstances that may raise suspicion of immoral acts. Maximum RM3,000 fine, 2 years' jail, or both.
Outcome. Both may be charged. They should ask for a Peguam Syarie, note that statements to officers are generally not evidence (Act 560 s 60), and be aware that first offenders often receive fines. Raid procedure is governed by Act 560.
Facts. Danial, a Muslim, orders beer at a restaurant in Bangsar and is seen by enforcement officers.
The law. s 19(1): consuming an intoxicating drink in a shop or public place, up to RM3,000 / 2 years. His non-Muslim friend at the table commits no offence under Act 559.
Outcome. Danial can be charged in the Syariah court. The restaurant may face separate licensing rules, but not this Act.
Facts. Ikmal, 20, works Friday shifts at a hospital in Putrajaya and has missed three Friday prayers in a row.
The law. s 14 requires the absence to be without uzur syarie or reasonable cause. Unavoidable essential work may count; this is assessed on the facts.
Outcome. A prosecution is unlikely if the absence had a valid reason. He should keep his duty rosters and, if in doubt, ask the Mufti's office about his situation.
Facts. In a WhatsApp group, Rahim repeatedly calls a fellow Muslim colleague a kafir because of her views.
The law. s 31 takfir: alleging by words, written or spoken, that a Muslim is a kafir or has left Islam: up to RM5,000 / 3 years. Rulings by a court or religious authority are excepted.
Outcome. The colleague can complain to JAWI. Rahim could be charged and may also face defamation claims in the civil courts.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Can a non-Muslim be charged with khalwat?
No. Act 559 applies only to persons professing Islam (s 1(2)(b)). If a Muslim and a non-Muslim are found together, only the Muslim can be charged. The same is true under state enactments.
What is the maximum punishment under Act 559?
The heaviest is a fine of RM5,000, jail of 3 years, or whipping of up to 6 strokes, or any combination. That is the ceiling set by Act 355. Many offences carry lower maximums, such as RM1,000 / 6 months for missing Friday prayers (s 14).
Does Act 559 apply in Selangor or Johor?
No, only in Kuala Lumpur, Labuan and Putrajaya. Each state has its own Syariah Criminal Offences Enactment with its own list and penalties. If you are charged in a state Syariah court, check that state's enactment.
Is whipping under Syariah law like civil-court caning?
No. Act 560 s 125 sets a different method: a light rod, average force without lifting the hand above the head, no cutting of the skin, clothed offender, medical check, and postponement for pregnancy.
Is it an offence to hold a view different from a fatwa?
Under s 12, giving or spreading an opinion contrary to a fatwa in force in the Federal Territories is an offence. 'Fatwa' here means a gazetted fatwa under Act 505 s 34, and prosecution needs the Chief Syariah Prosecutor's sanction (Act 560 s 73).
Are there alternatives to jail?
Yes. The court can order counselling or rehabilitation for up to 6 months for certain belief-related offences (s 55) and committal to an approved home for women convicted of decency offences (s 56). First and young offenders can be bound over under Act 560 ss 128ā129.
All questions & answers ā Ā· Ask your own ā
Sources
- Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559), text as at 1 Jan 2006, synced from the Laws of Malaysia portal
- Laws of Malaysia portal (official texts)
- Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), s 2
- Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560), ss 60, 73, 125, 128ā129
- Malay Mail: Federal Court rules 16 Kelantan provisions unconstitutional (9 Feb 2024)
Related
Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560)Syariah Court Evidence (Federal Territories) Act 1997 (Act 561)Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355)Sharia in the Federal ConstitutionAdministration of Islamic Law (Federal Territories) Act 1993 (Act 505)State Islamic laws: a guide to the 13 states and the Federal TerritoriesYour rights when arrested