Kelantan to Present New Sharia Criminal Code Bill Replacing Court-Invalidated Sections

The Kelantan state government in Malaysia is set to introduce a new Sharia Criminal Code bill, aiming to bolster Islamic law within the state. The proposed legislation, slated for presentation at the State Legislative Assembly next Tuesday, will replace 16 sections of the 2019 Sharia Criminal Code (Kelantan) Enactment that were invalidated by the Federal Court last year.

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The bill is drafted based on the principle of pith and substance with an emphasis on religious obligations prescribed by syarak as the core of every sharia offense in the state.

Deputy Menteri Besar Datuk Mohamed Fadzli Hassan stated that the bill is structured into nine parts, encompassing 62 sections and a schedule. It is drafted based on the principle of "pith and substance," with a strong emphasis on religious duties prescribed by syarak, forming the core of each sharia offense in Kelantan. The organization of offenses aligns with the Maqasid Syariah framework, prioritizing the preservation of religion, life, intellect, property, and lineage.

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The committee members are experts in civil and sharia law, academics, constitutional experts, and Syariah Judiciary officers representing stakeholders to examine the full reasoning of the Federal Court's judgment before drafting.

Following the Federal Court's decision, a special committee was formed in mid-2024 to review and redraft the invalidated provisions. This committee included experts in civil and sharia law, academics, constitutional specialists, and Syariah Judiciary officers. Their work involved thoroughly examining the Federal Court's judgment before proceeding with the drafting. The proposed bill also introduces new provisions and reformative features, which will be detailed during the presentation at the assembly. The state government is committed to implementing sharia within the boundaries permitted by the Federal Constitution.

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The state government has exercised ijtihad (independent reasoning) to implement sharia within the scope permitted by the Federal Constitution.