What is the new compound mechanism introduced in the Bill?

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Kelantan State Assembly Passes Syariah Criminal Offences Bill 2026 with Enhanced Provisions

The Kelantan state legislative assembly has unanimously passed the Syariah Criminal Offences (Kelantan) Bill 2026, which aims to streamline and strengthen its provisions to be more systematic, clear, and authoritative. This new legislation, tabled by Deputy Menteri Besar Datuk Dr Mohamed Fadzli Hassan, comprises nine parts, 62 clauses, and one schedule, incorporating several reforms. These enhancements are based on the principles of maqasid syariah, focusing on aspects such as obligatory prayers, safeguarding modesty, intellect, and introducing restorative punishment and a compound mechanism.
Reforms Based on Maqasid Syariah

The Syariah Criminal Offences (Kelantan) Bill 2026 is founded on the maqasid syariah, which refers to the wisdom and objectives behind Islamic rulings. This approach ensures that each provision is carefully structured to align with the fundamental goals of Islamic law. This revitalised framework builds upon the spirit already present in the previous Kelantan Syariah Criminal Code (I) Enactment 2019, as stated by Menteri Besar Datuk Mohd Nassuruddin Daud during the assembly sitting.
Comprehensive Structure and Content

The Bill is an extensive piece of legislation, divided into nine parts and containing 62 clauses along with one schedule. It addresses a range of offences and introduces reforms designed to enhance the legal framework. Key areas of reform include provisions related to the obligation of performing obligatory prayers, safeguarding private parts and bodily organs, and protecting the intellect.
Introduction of Restorative Punishment and Compound Mechanism

Among the significant reforms introduced in the Bill are provisions for restorative punishment and a new compound mechanism. While the specifics of the compound mechanism are not detailed in the provided information, its inclusion signifies an effort to modernise the application of Syariah criminal law. The Bill also prioritises whipping as a form of punishment within its framework.
Context of Federal Court Ruling

The passage of this Bill follows a significant Federal Court decision on February 9, 2024, which declared 16 out of 18 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019 null and void. The court ruled that the state legislative assembly lacked the authority to legislate on offences falling under federal jurisdiction. This ruling had prompted a broader discussion on the division of powers between federal and state governments concerning Syariah criminal offences.

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What is the new compound mechanism introduced in the Bill?

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