Lawyer whose challenge struck down 16 Kelantan syariah provisions flags 11 more

Peguam Nik Elin Nik Rashid has expressed concern over the newly enacted Sharia law amendments in Kelantan, as at least 11 provisions within the 2026 Penalties Act can potentially be challenged in court. In the first week of this month, the State Legislative Assembly passed an amendment to replace 16 provisions that the Federal Court struck down in 2024 for being undemocratic and exceeding state legislative powers.

Nik Elin, one of the advocates involved in the case leading to the annulment of 16 provisions, urged the Kelantan government not to merely pass legislation for the sake of it, as it is merely rhetoric and can be challenged in court in a sequel to her case, "Nik Elin 2.0". The new legislation should bring justice, relief, and welfare to the people, not merely serve as a tool to showcase who holds more power.

Nik Elin also shared a copy of the new legislation that defines a Muslim not only as an individual but also any body, movement, or group controlled by Muslims and carrying out Islamic law activities or spreading Islamic law views. However, she did not specify whether these 11 provisions she believes can be challenged are included in the list.

The Federal Court's decision of 9th February 2024 to annul 16 provisions of the Kelantan Penal Code on the grounds of undemocratic practices, also ruled that the State Legislative Assembly does not have the power to amend these provisions as it touches upon matters under the jurisdiction of Parliament to amend federal criminal laws.

The Court explained that the case concerns the question of which authority holds the power to amend provisions, not the Islamic or Sharia court standing. Consequently, Kelantan drafted a new legislation with 62 sections, which was unanimously passed by the State Legislative Assembly on 12th August. Deputy Chief Minister Mohamed Fadzli Hassan previously stated that the new legislation was enacted after consulting with legal and Sharia experts, and the provisions within it fall within the scope of State Legislative Assembly powers under the Federal Constitution.