Lawyer flags 11 more problematic Kelantan syariah law provisions

Nik Elin Aziz, the lawyer behind a landmark Federal Court ruling that invalidated 16 provisions of the Kelantan Syariah Criminal Code 2015, has now publicly identified 11 further provisions she believes are constitutionally problematic.

The lawyer made the identification public without filing a fresh legal challenge, instead cautioning that civil society groups, legal advocates or other interested parties may pursue their own court action on the flagged provisions.

Her earlier successful challenge resulted in the Federal Court striking down clauses relating to punishments including caning and hudud penalties, found to violate constitutional protections. The court's 2022 decision was considered a significant development in Malaysian constitutional law, particularly regarding the balance between state syariah jurisdiction and federal constitutional safeguards.

The 11 additional provisions Nik Elin has identified relate to similar constitutional questions around the scope and application of syariah criminal law. Legal experts suggest her public flagging of these clauses may prompt further constitutional scrutiny of Kelantan's syariah code by other parties.