RUU kesalahan syariah baharu Kelantan turut ambil kira keputusan kes Nik Elin
Timbalan Menteri Besar Kelantan Fadzli Hassan berkata turut diteliti kes terdahulu serta bidang kuasa badan perundangan negeri dan kedaulatan Perlembagaan Persekutuan.
The new Shariah Correction Act (Kelantan) 2026 is set to be debated during the Dewan Undangan Negeri (DUN) session from August 11th to 13th, according to Fadzli Hassan, Deputy Chief Minister of Kelantan. This legislation aims to replace the Syariah Criminal Code (1) of Kelantan 2019, taking into account the Federal Court's decision in the Nik Elin case and previous cases, the jurisdiction of the state legislative body, and the provisions of the Constitution.
Hassan explained that the enactment of the new law is a follow-up action by the state government to address the implications of the Federal Court's decision on February 9th, 2024, which overturned 16 provisions in the Syariah Criminal Code (1) of Kelantan. "This amendment proves that Shariah law can evolve through judicial interpretation within the framework of the Constitution," he said in a statement.
On February 9th, 2024, the Federal Court, by a majority of 8-1, overturned 16 out of 18 provisions challenged by lawyers Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman. The court ruled that the DUN Kelantan does not have the authority to amend the provision as it involves matters in the Federal List, including public criminal laws which can only be amended by Parliament.
Last year, DUN Kelantan passed a motion to amend 16 erroneous criminal corrections in the Syariah Criminal Code (1) of Kelantan 2019, which were declared invalid and ineffective by the Federal Court.
Fadzli further elaborated that the state government has established a Syariah Criminal Code Amendment Task Force in the middle of 2024 to amend the revoked provisions, in addition to conducting a comprehensive review of the code. This task force comprises legal experts from both civil and Sharia law, academic scholars, constitutional experts, and Sharia court officials.
"Drafting of the new RUU goes through various stages, including presentation to the Kelantan Ulemas Council under the Islamic Religious and Adat Law Council, which is responsible for determining fatwa and religious law issues. It will take some time, though," he said.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
