Kelantan to Re-enact Syariah Law Sections Invalidated by Federal Court

The Kelantan state government is set to re-enact 16 sections of its Syariah Criminal Code (I) Enactment 2019, following their invalidation by the Federal Court last year. State officials confirmed that the proposed amendments have already been approved by the State Executive Council and will be presented to the State Legislative Assembly in the near future.

Menteri Besar Datuk Mohd. Nassuruddin Daud stated that the government's pursuit of these amendments is a "true struggle." He emphasized that the legislative assembly will re-approve the Islamic syariah laws, particularly those concerning 'tazir' punishments, which were previously nullified.

Last March, the Federal Court declared 16 offenses under the Kelantan Syariah Criminal Code Enactment 2019 invalid. This decision stemmed from the court's finding that the State Legislative Assembly had enacted provisions beyond its legislative jurisdiction. A panel of eight judges, led by the then Chief Justice Tun Tengku Maimun Tuan Mat, allowed a petition filed by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman. The court ruled that the State Legislative Assembly had legislated on matters outside its constitutional authority.