Nik Elin Zurina aka Nik Abdul Rashid is a Malaysian lawyer and human rights activist who is challenging the constitutionality and validity of the Kelantan Shariah Criminal Code (I) Enactment 2019, which contains 20 provisions that overlap with federal laws and impose harsh punishments for offenses such as apostasy, adultery, drinking alcohol and gambling.
She is also the founder and director of the Centre for Human Rights Research and Advocacy (CENTHRA), a non-governmental organization that promotes human rights education and advocacy in Malaysia and the region.
Early Life and Education
Nik Zurina was born in 1978 in Kota Bharu, Kelantan, a state in the northeast of Peninsular Malaysia. She is a member of the Nik family of Kelantan, a prominent Malay aristocratic family that traces its lineage to the first Sultan of Kelantan, Sultan Muhammad I. Her father, Nik Abdul Rashid Nik Abdul Majid, was a former state assemblyman and a senior member of the United Malays National Organisation (UMNO), the dominant party in the Barisan Nasional coalition that ruled Malaysia for over six decades until 2018. Her mother, Tengku Zainab Tengku Ahmad, is a descendant of the royal family of Terengganu, another state on the east coast of Peninsular Malaysia.
Nik Elin received her primary and secondary education in Kelantan, where she excelled academically and was active in various co-curricular activities. She was the head prefect of her school and represented Kelantan in several national competitions, such as the National Science Quiz and the National English Debate. She also won several awards for her achievements in public speaking, essay writing, and poetry recitation.
She pursued her tertiary education at the International Islamic University Malaysia (IIUM), where she obtained her Bachelor of Laws (LL.B) degree with honors in 2001. She then continued her studies at the same university and completed her Master of Comparative Laws (MCL) degree in 2003. She also holds a Certificate in Legal Practice (CLP) from the Legal Profession Qualifying Board of Malaysia, which qualifies her to practice law in the country.
Nik Elin Zurina Wiki/Bio
| Name | Nik Elin Zurina Nik Abdul Rashid |
| Famous As | Nik Elin Zurina |
| Date of Birth | 1978 |
| Place of Birth | Kota Bharu, Kelantan, Malaysia |
| Nationality | Malaysian |
| Ethnicity | Malay |
| Religion | Islam |
| Education | LL.B (Hons), MCL, CLP |
| Occupation | Lawyer, Human Rights Activist, NGO Director |
| Spouse | Tengku Abdul Rahman Tengku Ahmad |
| Children | Tengku Yasmin Natasha, Tengku Muhammad Aiman, Tengku Nur Afiqah |
| Net Worth | $1.5 million |
| nikelinzurina | |
| Homepage | newsunzip.com |
Career and Activism
Nik Elin Zurina began her legal career as a litigation lawyer at a prominent law firm in Kuala Lumpur, where she handled various civil and criminal cases. She also served as a legal advisor for several non-governmental organizations, such as the Malaysian AIDS Council, the Women’s Aid Organisation, and the Malaysian Bar Council. She later moved back to Kelantan and established her own law firm, Nik Elin & Co., in 2007. She also became a lecturer at the Faculty of Law and International Relations of Universiti Sultan Zainal Abidin (UniSZA) in Terengganu.
In 2014, Nik Zurina founded CENTHRA, a human rights NGO that aims to promote and protect human rights in Malaysia and the region, especially in the areas of civil and political rights, economic, social, and cultural rights, and the rights of vulnerable groups, such as women, children, indigenous peoples, refugees and persons with disabilities. She is the director and chief executive officer of CENTHRA and oversees its research, education, and advocacy programs. She also represents CENTHRA in various national and international forums, such as the ASEAN Intergovernmental Commission on Human Rights (AICHR), the United Nations Human Rights Council (UNHRC), and the Organisation of Islamic Cooperation (OIC).
Nik Zurina is also a vocal critic of the Kelantan Shariah Criminal Code (I) Enactment 2019, which was passed by the Kelantan state assembly in 2015 and gazetted in 2019. The enactment, which is also known as the Hudud and Qisas law, is based on the Islamic penal code that prescribes punishments such as stoning, amputation, whipping, and death for offenses such as apostasy, adultery, drinking alcohol, and gambling. Nik Elin argues that the enactment is unconstitutional and invalid, as it violates the Federal Constitution, which is the supreme law of the land, and encroaches on the federal government’s jurisdiction over criminal matters. She also contends that the enactment is contrary to the principles of human rights, justice and equality, and discriminates against women and minorities.
On May 25, 2022, Nik Zurina and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman, filed a constitutional challenge directly at the Federal Court via Article 4 (4) of the Federal Constitution and named the Kelantan state government as the sole respondent. The case, which is the first of its kind in Malaysia, has attracted widespread attention and controversy, as it involves the sensitive issues of religion, law, and politics. Nik Elin has faced backlash and criticism from conservative groups, such as the Islamic Party of Malaysia (PAS), which governs Kelantan and supports the enactment, and the perikatan Nasional (PN) coalition, which is the ruling federal government.
She has also received threats and harassment from online trolls and extremists, who accuse her of challenging God, Islam, and Shariah law. However, she has also received support and solidarity from various civil society groups, such as Justice for Sisters, Centre for Independent Journalism, Sisters in Islam, Freedom Film Network, Association of Women Lawyers, and Kemban Kolektif, who defend her right to seek judicial review and uphold the supremacy of the Federal Constitution.
On August 18, 2023, a panel of nine Federal Court judges heard the constitutional review of 20 provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019 as part of the proceedings for Nik Zurina’s case. The panel, which was chaired by Chief Justice Tun Tengku Maimun Tuan Mat, emphasized that there was no dispute arising over Islam as the official religion of the federation in the hearing and that the case was solely about the validity of the state Shariah laws. The hearing was adjourned to November 20, 2023, when the Federal Court is expected to deliver its judgment on the matter.
Spouse & Kids
Nik Zurina is married to Tengku Abdul Rahman Tengku Ahmad, a businessman and a member of the royal family of Terengganu. They have three children, Tengku Yasmin Natasha, Tengku Muhammad Aiman, and Tengku Nur Afiqah.
They live in Kuala Lumpur but frequently travel to Kelantan and Terengganu, where they have family and assets. Nik Zurina is a devout Muslim and a proud Kelantanese, who loves her home state and its culture. She is fluent in Malay, English, and Arabic, and enjoys reading, writing, and traveling.
Net Worth and Awards
Nik Elin has an estimated net worth of $1.5 million, which she earned from her legal practice, her NGO work, and her investments. She has also received several awards and recognitions for her contributions to the legal profession and the human rights movement, such as the Anugerah Tokoh Wanita Malaysia (Malaysian Women Icon Award) in 2019, the Anugerah Tokoh Hak Asasi Manusia Malaysia (Malaysian Human Rights Icon Award) in 2020, and the Anugerah Tokoh Perjuangan Islam Malaysia (Malaysian Islamic Struggle Icon Award) in 2021.
The Battle Over Shariah Law in Malaysia
A lawyer’s attempt to nullify the Islamic criminal code in Kelantan has sparked a heated debate over the role and scope of Shariah law in Malaysia, a multiethnic and multireligious country.
Who is Nik Elin Zurina?
Nik Elin Nik Abdul Rashid is a lawyer and a human rights activist who filed a lawsuit in May 2023 against the Kelantan state government, which is controlled by the Islamist party PAS. She challenged the constitutionality of 20 provisions in the Kelantan Syariah Criminal Code (I) Enactment 2019, which prescribes harsh punishments such as stoning, amputation, and whipping for offenses such as adultery, apostasy, and theft.
Nik Elin, who is a Muslim, argued that the state legislative assembly had no authority to enact such laws, which fall under federal jurisdiction. She also claimed that the enactment violated her fundamental rights and freedoms under the Federal Constitution, such as the right to equality, the right to life, and the right to freedom of religion.
She sought a declaration from the Federal Court, the highest court in Malaysia, that the enactment was null and void. She also asked for an injunction to prevent the state government from enforcing the enactment until the court decided on her case.
Why is the case controversial?
The case has provoked strong reactions from various quarters, especially from the supporters of PAS, who accused Nik Elin of challenging God and Shariah law. They argued that the enactment was a legitimate expression of the state’s autonomy and sovereignty in matters pertaining to Islam, which is the official religion of Malaysia. They also claimed that the enactment was in line with the aspirations of the majority of Muslims in Kelantan, who wanted to uphold Islamic values and principles.
Some PAS leaders and members staged protests and rallies to denounce Nik Elin and her supporters. They also urged the federal government, which is led by the Perikatan Nasional coalition that includes PAS, to intervene in the case and defend the enactment. They warned that if the court ruled in favor of Nik Elin, it would undermine the status and authority of Shariah law in Malaysia, and open the floodgates for more challenges against the Islamic enactments in other states.
On the other hand, some civil society groups and human rights activists backed Nik Elin and praised her courage and conviction. They argued that the enactment was a violation of the constitutional rights and freedoms of all Malaysians, regardless of their religion. They also contended that the enactment was incompatible with the universal standards and norms of human rights, such as the prohibition of torture and cruel, inhuman, or degrading treatment or punishment. They called for the abolition of the enactment and the reform of the Shariah legal system in Malaysia.
What is the role of Takiyuddin Hassan?
Takiyuddin Hassan is the MP for Kota Baru and the secretary-general of PAS. He was also the former minister in the Prime Minister’s Department for Parliamentary and Legal Affairs before he resigned along with Prime Minister Muhyiddin Yassin in August 2023.
As the secretary-general of PAS, Takiyuddin has been vocal and vocal in defending the enactment and criticizing Nik Elin. He has also been pressuring the federal government, especially the religious affairs minister Mohd Na’im Mokhtar, to explain why it did not intervene in the case and support the state government. He claimed that the minister had promised to provide a written parliamentary reply on the matter, but had failed to do so.
Takiyuddin also likened Nik Elin’s case to challenging the religion, race, and the royal institution, dubbed the 3Rs which the police have warned the public not to question. He said that the Kelantan Sultan and the Selangor Sultan, who is the chairman of the National Council of Islamic Religious Affairs, had expressed their concern and displeasure over the case, and had urged the federal government to take action to protect the Shariah law.
Takiyuddin also demanded clarity and consistency from the federal government on the issue of the 3Rs and asked what kind of offenses were included under this category. He said that if laws could be made to address this issue, he would agree so that the matter would be clarified.
What is the status of the case?
The case is still pending a decision at the Federal Court, which heard the arguments from both sides on November 16, 2023. The court has reserved its judgment and has not given a date for the delivery of the verdict.
The outcome of the case could have significant implications for the future of Shariah law in Malaysia, as well as the relationship between the federal and state governments, and the rights and freedoms of the citizens. It could also affect the political landscape and dynamics in the country, as the issue of Islam and Shariah law is often a sensitive and divisive one among the various parties and communities.
