Don: Make smoking, vaping Syariah criminal offences
KUCHING (June 5): The government is urged to consider making smoking and vaping Syariah criminal offences in the country.
In making this call, Universiti Sains Islam Malaysia's Faculty of Syariah and Law associate professor Dr Muzaffar Syah Mallow said such a move should help eradicate smoking habit and addiction, particularly among Muslims nationwide.
Muzaffar pointed out that many studies have indicated that about half of smokers die from smoking-related causes.
'Smoking harms nearly every organ in the body. Many studies show that smoking leads to diseases affecting the heart, liver and lungs, and emerges as a major risk factor for heart attacks, strokes, chronic obstructive pulmonary disease (COPD) (including emphysema and chronic bronchitis) and cancer (particularly lung cancer, cancers of the larynx and mouth and pancreatic cancer),' he said in a statement today.
Muzaffar stated the World Health Organisation estimated that tobacco killed eight million people annually as of 2019, with 100 million deaths recorded over the course of the 20th century.
He said an outbreak of severe vaping lung illness occurred in the United States in 2019 and 2020, adding that vaping has been linked with damage to the lungs, cardiovascular system as well as the brain.
A 2022 study conducted by several Western researchers found a positive correlation between vaping and the frequency and severity of asthma and obstructive lung disease, he said.
He added that the same study also found a positive correlation between the usage of e-cigarettes and medical conditions such as myocardial infarctions, coronary artery disease and strokes.
'Regarding the brain, vapors from e-cigarettes can damage neurons in developing brains, impairing the decision-making process and leading to more frequent impulsive decisions,' he said.
According to Muzaffar, the Fatwa Committee of the National Council for Islamic Religious Affairs of Malaysia had in March 1995 agreed that 'Smoking is forbidden in Islam because in it there is harm.'
'A similar stance has also been taken for vaping. In 2025, the National Fatwa Council in 2015 ruled that vaping is forbidden. Although Islam has clearly explained the dangers of smoking and vaping through Fatwa, many Muslims in the country still take the issue lightly,' he said.
As such, he called for drastic measures, including proper legislation to address the matter.
He pointed to Section 15 of the Syariah Criminal Offences (Federal Territories) Act 1997 [Act 559] states: 'Any person who during the hours of fasting in Ramadan sells to any Muslim any food, drink, cigarette or other form of tobacco for immediate consumption during such hours; or (b) openly or in a public place is found to be eating, drinking or smoking, shall be guilty of an offence.'
He explained that upon conviction, offenders would be liable to a fine not exceeding RM1,000, or to a jail term of not more than six months, or both; and for a subsequent offence, to a fine not exceeding RM2,000, or to a jail term of not more than one year, or both.
'It would be much better if we could insert a specific section in the Syariah Offences Act and Enactments to make smoking and vaping criminal offences.
'This is to send a strong signal or reminder to everybody, especially to Muslims in the country, about the health hazards of smoking and vaping,' he said. Dr Muzaffar Syah Mallow lead smoking syariah offences vaping
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