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, aiming to streamline and fortify its provisions for greater clarity and authority. The Bill was introduced by Deputy Menteri Besar Datuk Dr Mohamed Fadzli Hassan and subjected to a six-man debate comprising members from 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 was read twice and unanimously approved in the Kelantan state assembly, witnessed by Speaker Datuk Mohd Amar Nik Abdullah. Prior to the legislative session, Mohd Nassuruddin explained that the Bill was not hastily compiled but had been thoroughly revised and passed through multiple stages before being submitted to the assembly.

The Bill's significance lies in its revitalization grounded in maqasid syariah (Islamic legal principles), with each offense provision meticulously crafted to ensure alignment with the objectives of Islamic law, building upon the foundation laid by the Kelantan Syariah Criminal Code (I) Enactment 2019. The bill is divided into nine sections, 62 clauses, and one schedule, incorporating various reforms, such as obligations for obligatory prayers, protection of private parts and bodily organs, preservation of intellect, restorative punishment, prioritization of whipping as a penalty, and a compound mechanism.

In February 2024, the Federal Court ruled, by an 8-1 majority, that 16 of the 18 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 were null and void, as the state legislative assembly lacked the authority to legislate offenses under federal jurisdiction. This decision was made following a petition filed by a Kelantan lawyer, igniting discussions on the division of powers between federal and state governments in enacting Syariah criminal offenses.