PETALING JAYA: Provisions on covering aurat, gender change and safeguarding the modesty of private parts are among those covered under the newly passed Syariah Criminal Offences (Kelantan) Bill 2026.
The enactment aims to replace 16 provisions in the Kelantan Syariah Criminal Code Enactment 2019 that were struck down by the Federal Court last year.
Under Clause 15, it mandates that Muslims safeguard the sanctity and modesty of their private parts in accordance with Islamic law.
According to the legislation, the clause also provides for the punishment for the offence of the obligation to safeguard the private part.
"Any Muslim who uses their private part or allows the use of his private part for a purpose or in a manner contrary to Islamic law commits an offence and shall, on conviction, be liable to whipping not less than three strokes and not exceeding six strokes, and shall also be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding three years or to both," it said.
Under Clause 17, the legislation makes it an offence for any Muslim to change their own gender or cause their gender to be changed, change or cause another person's gender to be changed, or induce someone to change their gender without a reason permitted under Islamic law.
Those found guilty face a fine of up to RM3,000, imprisonment for up to two years, or both.
The enactment also makes it an offence for a Muslim man to wear women's clothing or attire traditionally regarded as being worn only by women, or to behave like a woman in any public place or in a private place that is visible or accessible to the public.
Those found guilty face a fine of up to RM3,000, imprisonment for up to two years, or both.
Clause 19 also requires every Muslim woman, in accordance with Islamic law, to refrain from imitating characteristics, styles or actions deemed specific to men, including the way men dress, speak, move or behave. The clause also provides for punishment for the offence.
Clause 22 requires every Muslim, in accordance with Islamic law, to safeguard their dignity in public places or private places visible or accessible to the public by refraining from exposing their aurat.
The clause also provides for punishment for the offence of exposing aurat (parts of the body that must not be exposed in public in accordance with Islamic belief).
The provision also covers wearing tight, thin or sparse clothing that reveals the shape of the body or skin colour, clothing bearing pictures or symbols deemed contrary to Islamic law, or immodest clothing.
Those found guilty face a fine of up to RM1,000, imprisonment for up to six months, or both.
The court may also, upon conviction, make an order under Section 57 instead of imposing the prescribed punishment.
Clause 32 requires every Muslim, in accordance with Islamic law, to give a truthful statement in any matter relating to the administration of Islam.
The clause provides for punishment for the offence of syahadatul zur, or giving false testimony.
Muslims who produce false documents, provide false information or falsify statements for matters relating to the administration of Islam face a fine of up to RM5,000, up to three years in jail, or both under the legislation.
Clauses 23, 24 and 25 require Muslims to preserve harmony and peace in their own marriages and respect the marriages of others.
The provisions cover offences including disrupting another person's marriage, preventing a married couple from living together as husband and wife, and encouraging a husband or wife to seek a divorce.
Additionally, Clause 34 makes it an offence for any Muslim to consume or attempt to consume an intoxicating drink, as defined under Islamic law, in any public or private place.
Those convicted face six strokes of the cane, as well as a fine of up to RM5,000, imprisonment for up to three years, or both.
The legislation also states that “consume” includes testing positive for alcohol in a breath test.
