Re-Legislating the Kelantan Syariah Criminal Code: A Doctrinal Analysis of Constitutional Limits and State Legislative Competence

Abstract

This article examines the constitutional implications of the Kelantan State Government’s proposal to re-legislate sixteen provisions of the Syariah Criminal Code (I) Enactment 2019 that were declared unconstitutional by the Federal Court in Nik Elin Zurina & Anor v. Kelantan State Government (2024). While the Court held that the annulled provisions exceeded State legislative competence by intruding into matters assigned to the Federal List, the judgment also provides a clear doctrinal and constitutional framework within which Kelantan may legitimately exercise its authority. This article contends that with doctrinally precise drafting and alignment with constitutional parameters, the State can re-enact provisions that uphold the precepts of Islam while remaining constitutionally compliant. The Kelantan initiative, therefore, represents an opportunity to strengthen the legitimacy and clarity of State-level Syariah law.