Nik Elin says 11 provisions in new Kelantan shariah law open to challenge

Nik Elin, a lawyer who previously petitioned against flawed provisions in Kelantan's Shariah Criminal Offences Enactment 2024, has warned that at least 11 provisions in the newly approved 2026 version can be challenged in court. The Kelantan government recently approved the amendments without objection, despite the 2024 Federal Court ruling deeming the original 16 provisions unconstitutional due to their extraterritorial jurisdiction and violation of federal legislative authority.

Nik Elin, who was among the petitioners in the original case, expressed her concern that the new laws could become "political rhetoric" and be contested similarly in a potential "Nik Elin 2.0" lawsuit. She emphasized that laws should serve to provide justice, benefit, and well-being to the people, rather than merely serving as a display of power.

One of the new provisions defines a "Muslim" not only as individual believers but also as any body, movement, or group under Muslim control, carrying out Islamic law activities or disseminating related views. However, it remains unclear whether this particular definition falls within the 11 provisions Nik Elin believes can be contested in court.

In February 2024, the Federal Court unanimously struck down the 16 provisions, ruling that the Kelantan assembly lacked the authority to enact them since they pertained to matters that fell under Parliament's jurisdiction to create federal criminal laws. The court's decision centered on the issue of governmental authority, rather than Islamic law or shariah courts.