Kota bharu: The Kelantan government will table the Syariah Offences (Kelantan) Bill 2026 at the coming State Legislative Assembly (DUN) sitting next Tuesday. The initiative aims to replace the Kelantan Syariah Criminal Code (I) Enactment 2019, following the Federal Court's landmark ruling on February 9, 2024, in the case brought by Nik Elin Zurina Nik Abdul Rashid and another.
According to BERNAMA News Agency, Kelantan Deputy Menteri Besar Datuk Dr Mohamed Fadzli Hassan stated that the Federal Court declared 16 provisions of the 2019 enactment null and void, ruling that the State Legislative Assembly had exceeded its legislative powers by enacting laws on matters under federal jurisdiction. The upcoming Bill is set to be tabled and debated this Tuesday, as confirmed by Mohamed Fadzli during a press briefing after the State Executive Council meeting.
Mohamed Fadzli expressed hope that all assemblymen would support the Bill, noting that efforts to draft the law had been underway since mid-2024. The process involved the Committee for the Amendment of the Kelantan Syariah Criminal Code (I) Enactment 2019, which included civil and Syariah legal practitioners, academics, constitutional law experts, and Syariah judicial officers. Additionally, the draft Bill was reviewed by the Kelantan Council of Ulama under the Kelantan Islamic Religious and Malay Customs Council (MAIK).
The Syariah Offences (Kelantan) Bill 2026 comprises nine parts, 62 clauses, and one schedule. It was crafted based on the constitutional principle of "pith and substance," emphasizing religious obligations while incorporating several new and reformative provisions. The drafting process took into account the Federal Court's grounds of judgment in the Nik Elin case, previous judicial decisions, the legislative powers of the State Assembly, and the supremacy of the Federal Constitution.
On February 9, 2024, the Federal Court, in an 8-1 majority decision, struck down 16 of the 18 challenged provisions of the 2019 enactment after determining that the state legislature lacked the authority to enact laws on offences already within the jurisdiction of Parliament. This decision, which stemmed from a constitutional challenge filed by Kelantan lawyer Nik Elin Zurina Nik Abdul Rashid, ignited nationwide debate over the division of legislative powers between the federal and state governments in matters relating to Syariah criminal law.