Kelantan sedia pertahan undang-undang syariah baharu

Menteri Besar of Kelantan, Fadzli Hassan, confirmed that the new Syariah Penal Code (Kelantan) 2026 has undergone a rigorous drafting process, considering the Federal Constitution and the rationale of previous judgments. Speaking after the State Executive Committee meeting in Kota Darul Amran in Kota Bharu, Fadzli stated that anyone can challenge the law in court, but only the courts can decide if the challenge has a basis or not.

He assured that the government is ready to defend the law in court and that his lawyers are prepared if necessary.

Fadzli stated that the new law has gone through a thorough drafting process, taking into account the Federal Constitution and the rationale of previous judgments, involving legal, religious, and constitutional scholars. After the legal, religious, and Sharia scholars examined the draft and provided their views, the law was approved by the State Council, the Legal Advisory Council, and the Islamic and Adat Court of Kelantan, before being presented to the Dewan Undangan Negeri (DUN) and finally passed.

Earlier this month, DUN Kelantan unanimously passed amendments to the state's Syariah Penal Code, replacing 16 provisions that were invalidated by the Federal Court in 2024 for lack of governance and exceeding state legislative powers. Nik Elin, the state's Syariah Judge, said she found at least 11 provisions in the law that could be challenged in court and urged the Kelantan government not to enforce the law outright as it would be "readily heard."

She cautioned that the new law could end up being "political rhetoric" and challenged in court in a "Nik Elin 2.0" case.