Kelantan state assembly passes Syariah Criminal Offences Bill 2026

KOTA BHARU, Aug 12 — The Kelantan state legislative assembly has approved the Syariah Criminal Offences (Kelantan) Bill 2026, aimed at refining and reinforcing its provisions for a more systematic, clear, and authoritative approach. The Bill, introduced by Deputy Menteri Besar Datuk Dr Mohamed Fadzli Hassan, was scrutinized by six state assembly members from various constituencies, including Pasir Tumboh, Melor, Galas, Jelawat, Kota Lama, and Chempaka.

The final remarks were made by Mohamed Fadzli and Menteri Besar Datuk Mohd Nassuruddin Daud before the Bill underwent two readings and was voted unanimously, with the Kelantan state assembly Speaker, Datuk Mohd Amar Nik Abdullah, presiding.

Mohd Nassuruddin emphasized that the Bill was meticulously planned and enhanced, adhering to the maqasid syariah (spirit behind Islamic rulings). Each provision on offences was carefully structured to ensure alignment with the objectives of Islamic law, building upon the existing foundation in the Kelantan Syariah Criminal Code (I) Enactment 2019.

The comprehensive legislation consists of nine parts, 62 clauses, and one schedule, incorporating various reforms such as obligations for obligatory prayers, protection of private parts and bodily organs, safeguarding intellect, restorative punishment, prioritizing whipping as a punishment, and a compound mechanism.

The Federal Court's declaration on February 9, 2024, that 16 out of the 18 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 were invalid due to the lack of authority to legislate offences within Federal jurisdiction, sparked debates on the sharing of powers between the Federal and state governments in enacting Syariah criminal offences.