THE Kelantan state government will try again to enact the 16 Syariah Criminal Offences that were annulled by the Federal Court last February, Menteri Besar Mohd Nassuruddin Daud was reported as saying today.

“I would like to stress that the Kelantan state government is committed to re-enacting the 16 provisions that were annulled (by the Federal Court in February), as per the motion passed during the state legislative assembly in March.

“As a government that places Islam at the core of its administration, we cannot remain silent in the face of efforts by certain parties who, day by day, seek any opportunity to challenge anything related to the agenda of upholding Islamic principles, especially in the aspects of law and syariah institutions.

“Obstacles and challenges that arise will not weaken our spirit in any way,” Nassuruddin said at an event in Kota Baru today.

Nassuruddin added that it was the duty of all Muslims to obey, submit and devote themselves to Allah’s commands.

“Matters involving prayer, fasting, zakat (tithe) and pilgrimage do not raise doubts or questions. However, when it comes to efforts to uphold Allah’s laws as part of life, we have witnessed the emergence of various behaviors.

“There are those who accept it, and there are those who voice various arguments and reasons for not implementing it. These are the remnants of colonial influence on our native generation.

“Our collective role at every level is to correct misunderstandings and dispel the doubts that arise so that the people in the state have a clear understanding of Islam,” he said.

In February this year, the Federal Court in an 8-1 majority decision allowed an application by two Muslim women to nullify 16 provisions under the Kelantan Syariah Criminal Code Enactment 2019.

The landmark decision was delivered by Chief Justice Tengku Maimun Tuan Mat who led a panel of nine judges.

Nik Elin Zurina Nik Abdul Rashid, who hails from Kelantan, and her daughter, Tengku Yasmin Nastasha Abdul Rahman filed the petition to the Federal Court under Article 4(4) of the Federal Constitution and named the Kelantan government as the sole respondent.

The two women challenged the constitutionality and legality of these provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019 claiming that the Kelantan state legislative assembly (DUN) does not have the authority to legislate on these offences because there is a Federal law that covers such offences.

The 16 provisions of offences in the Kelantan Syariah Penal Code (1) Enactment 2019 which are void and not validly enforced in the state are:

Section 11: Destroying or defiling place of worship

Section 14: Sodomy

Section 16: Sexual intercourse with a corpse

Section 17: Sexual intercourse with non-human

Section 31: Sexual harassment

Section 34: Possessing false document, giving false evidence, information or statement

Section 36: Anything intoxicating

Section 39: Reducing scale, measurement and weight

Section 40: Executing transactions contrary to ‘hukum syarak’ (Syariah Law)

Section 41: Executing transactions via usury

Section 42: Abuse of halal label and connotation

Section 43: Offering or providing vice services

Section 44: Preparatory act of offering or providing vice services

Section 45: Preparatory act of vice

Section 47: Act of incest

Section 48: Muncikari (men dressed in women’s clothing or vice versa)

It was reported that the Kelantan state assembly, on March 16, passed a motion to re-enact the annulled 16 provisions.

Presented by Melor assemblyman Wan Rohimi Wan Daud, the motion was passed after it was agreed by all assemblymen, including two opposition state assemblymen from Pakatan Harapan and Umno. – May 21, 2024.