KOTA BHARU, Aug 12 — The Kelantan state legislative assembly today passed the Syariah Criminal Offences (Kelantan) Bill 2026 to streamline and strengthen its provisions, making them more systematic, clear and authoritative. 

The Bill was tabled by Deputy Menteri Besar Datuk Dr Mohamed Fadzli Hassan and debated by six state assemblymen from Pasir Tumboh, Melor, Galas, Jelawat, Kota Lama and Chempaka. 

The winding-up speech was delivered by Mohamed Fadzli and Menteri Besar Datuk Mohd Nassuruddin Daud before the Bill was read for the second and third time and subsequently passed unanimously in the presence of Kelantan state assembly Speaker Datuk Mohd Amar Nik Abdullah. 

Earlier, Mohd Nassuruddin said the Bill was not drafted without careful planning. It is a legislation that had been meticulously enhanced and gone through various stages before being tabled in the assembly. 

“The strength of this Bill lies in its revitalisation based on maqasid syariah (wisdom behind Islamic rulings), with each provision on offences carefully structured to ensure that every aspect of the legislation is aligned with the objectives of Islamic law. 

“This approach is not something foreign as it is the underlying spirit that already exists in the Kelantan Syariah Criminal Code (I) Enactment 2019,” he said during the Kelantan state assembly sitting today. 

The Bill comprises nine parts, 62 clauses and one schedule, with several reforms, including provisions relating to the obligation of performing obligatory prayers, safeguarding the private parts and bodily organs, safeguarding the intellect, restorative punishment, prioritising whipping as a punishment, and a compound mechanism. 

On February 9, 2024, the Federal Court, in an 8-1 majority decision, declared 16 of the 18 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 null and void, ruling that the state legislative assembly did not have the power to legislate offences falling under Federal jurisdiction. 

The decision followed a petition filed by a lawyer from Kelantan, sparking debate on the division of powers between the Federal and state governments in legislating Syariah criminal offences. — Bernama