11 peruntukan undang-undang syariah baharu Kelantan boleh dicabar, kata Nik Elin

Nik Elin Nik Rashid, a lawyer, expressed concerns that the new Sharia law amendments in Kelantan, totaling at least 11 provisions, could be challenged in court. In the previous month, the state legislative assembly (DUN) unanimously approved the replacement of 16 provisions within the State's Sharia law (Kelantan) 2026, following a ruling by the Federal Court in 2024 for their illegitimacy and excessive power.

Nik Elin, who previously campaigned against the withdrawal of 16 provisions, urged the Kelantan government not to solely enforce the law due to its mere readability. She warns that the new law could become mere political rhetoric and be contested in court as part of her upcoming "Nik Elin 2.0" case. The law should bring justice, relief, and prosperity to the people, not merely serve as a tool to demonstrate who holds more power.

Nik Elin also shared a quote from the new law, which defines Muslims not only as individuals but also as any entity, movement, or group controlled by Muslims and engaging in activities or spreading views on Islamic law. However, she did not specify whether this definition included the 11 provisions she considers contestable, nor did she identify the specific 11 provisions.

The Federal Court's decision on February 9, 2024, to strike down 16 provisions of the Kelantan Sharia law due to lack of institutional capacity was based on a 8-1 majority. The court also ruled that the DUN cannot alter the contested provisions as it encroaches on the jurisdiction of Parliament to amend federal criminal laws. The court explained that the case concerns which level of government has the power to amend contested laws, rather than the religious or Sharia law perspective.

Following this decision, Kelantan enacted the new law. The 62-section statute, which was passed unanimously by the DUN on August 12, includes provisions within the DUN's constitutional jurisdiction.