PETALING JAYA: Provisions on covering aurat (modesty), gender change and safeguarding the modesty of private parts are among those included under the newly passed Syariah Criminal Offences (Kelantan) Bill 2026.
The enactment replaces 16 provisions in the Kelantan Syariah Criminal Code Enactment 2019 that were struck down by the Federal Court last year.
Aurat are parts of the body that must not be exposed in public in accordance with Islamic belief.
Under Clause 15, Muslims are required to safeguard the sanctity and modesty of their private parts in accordance with Islamic law.
“Any Muslim who uses their private parts, or permits them to be used, for a purpose or in a manner contrary to Islamic law commits an offence and, upon conviction, is liable to between three and six strokes of the cane, a fine of up to RM5,000, imprisonment of up to three years, or both,” it said.
Clause 17 makes it an offence for a Muslim to change their own gender, cause another person’s gender to be changed, or induce someone to do so without a reason permitted under Islamic law. Offenders face a fine of up to RM3,000, imprisonment of up to two years, or both.
The enactment also prohibits Muslim men from wearing women’s clothing or attire traditionally associated with women, or behaving like a woman in public or in places visible to the public. Clause 19 prohibits Muslim women from imitating characteristics, dress, speech, movements or behaviour regarded as specific to men. Both offences carry a maximum fine of RM3,000, up to two years’ jail, or both.
Clause 22 requires Muslims to preserve their dignity by refraining from exposing their aurat in public or in places visible or accessible to the public. The offence also covers wearing tight, thin or revealing clothing, or attire bearing pictures or symbols deemed contrary to Islamic law.
Those convicted face a fine of up to RM1,000, imprisonment of up to six months, or both. The court may instead issue an order under Section 57.
The enactment also introduces offences relating to the administration of Islam. Under Clause 32, Muslims who provide false testimony (syahadatul zur), submit false documents or furnish false information in matters relating to Islamic administration are liable to a fine of up to RM5,000, imprisonment of up to three years, or both.
Clauses 23, 24 and 25 seek to preserve harmony in marriage by making it an offence to disrupt another person’s marriage, prevent a married couple from living together, or encourage a spouse to seek a divorce.
Clause 34 makes it an offence for a Muslim to consume or attempt to consume intoxicating drinks, with “consume” including testing positive for alcohol in a breath test. The offence carries six strokes of the cane, a fine of up to RM5,000, imprisonment of up to three years, or both.
Under Clause 10, a mukallaf Muslim (a Muslim who has reached puberty and has the mental capacity to understand and fulfil religious obligations) commits an offence by intentionally neglecting obligatory prayers without a valid reason under Islamic law. The penalty is a fine of up to RM2,000, imprisonment of up to one year, or both.
