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KOTA BHARU - The Kelantan Government will table a new Syariah Offences Bill (RUU) 2026 at the Second Meeting of the Fourth Term of the Kelantan State Legislative Assembly on Aug 11, expressing confidence that the proposed law falls within the powers granted to states under the Federal Constitution.
Deputy Menteri Besar Datuk Dr Mohamed Fadzli Hassan said the Bill was drafted following the Federal Court's landmark decision on Feb 9, 2024, in Nik Elin Zurina Nik Abdul Rashid & Anor v Kerajaan Negeri Kelantan, which declared 16 provisions of the Syariah Criminal Code (I) Enactment 2019 invalid after finding they exceeded the legislative powers of the Kelantan State Legislative Assembly.
He said the state subsequently established the Syariah Criminal Code Enactment Amendment Committee in mid-2024 to review not only the provisions struck down by the Federal Court but also the enactment as a whole.
"The committee comprises civil and Syariah legal experts, academics, constitutional experts and Syariah judicial officers to ensure the new Bill fully takes into account the grounds of the Federal Court's judgment," he told a press conference after the state Executive Council meeting at Kompleks Kota Darulnaim on Wednesday.
Mohamed Fadzli said the drafting process underwent several stages of scrutiny, including presentations to the Kelantan Council of Islamic Scholars under the Kelantan Islamic Religious and Malay Customs Council (MAIK), contributing to the longer preparation period.
He said the Bill was drafted within the scope of the State List under the Federal Constitution, particularly the state's powers to create and punish offences against the precepts of Islam.
According to him, the approach reflects the Federal Court's interpretation in the Nik Elin judgment that the phrase "precepts of Islam" refers to religious offences relating to matters of faith, the sanctity of Islam and its institutions, as well as Islamic morality.
Mohamed Fadzli said the proposed law comprises nine parts, 62 clauses and one schedule, and was drafted based on the constitutional doctrine of "pith and substance", with religious obligations forming the core of each offence.
He added that the Bill is also structured around the principles of Maqasid Syariah—the preservation of religion, life, intellect, property and lineage.
"This Bill demonstrates that Syariah law can continue to evolve through legal ijtihad within the framework of the Federal Constitution," he said.
He said the Bill also introduces several new provisions and reform-oriented features, with further details to be presented during the state assembly sitting.
Mohamed Fadzli expressed hope that the Bill would receive the support of assemblymen, the people of Kelantan and Muslims nationwide.