Muslim scholar advocates making smoking a Syariah offence
KUCHING: A university lecturer who supports the move by the Ministry of Health to increase the price of cigarettes next month has suggested making smoking cigarettes a Syariah offence for Muslims.
Universiti Sains Islam Malaysia (USIM) Faculty of Syariah and Law senior lecturer Dr Muzaffar Syah Mallow said it is an opportune time to impose this Syariah law on Muslims.
“The time has come for the government to consider making smoking cigarettes and other substance associated to it as part of the Syariah offence and prohibited to be taken by Muslims in the country,” he said.
He said his view is in line with the move in the country to strengthen the power of the Syariah Court and Syariah laws.
The rule pertaining to smoking has been made clear in Islam itself and there was also a clear fatwa (nonbinding but authoritative legal opinion) on this issue in the country, he explained.
The Fatwa Committee of the National Council for Islamic Religious Affairs of Malaysia on March 23, 1995 had discussed the issue of smoking from the perspective of Islam and agreed that smoking is forbidden in Islam because it is harmful, he said.
“It has been declared forbidden because it causes harm to a person’s health, as well as wasting and squandering their money. Though Islam has clearly indicated the danger posed by smoking and a clear fatwa has also been produced to such effect, there are still Muslims in the country who take the issue lightly.
“What is more worrying is that such habit has also been followed by our youths who are still in school. As such, drastic steps need to be taken by the government on this issue and for a serious stand to be taken on the matter. This can be easily be done by having a clear and proper legislation on this point, namely by making smoking a Syariah offence with suitable punishment taken against those who violate the rule.”
Though there are currently already Syariah offences acts and enactments in the country for Syariah-related crimes, nothing specific has been mentioned on smoking, he pointed out.
The only part on smoking is stipulated under Section 15 on the offence for being disrespectful during the holy month of Ramadan where its states: Any person who during the hours of fasting in the month of Ramadan (a) sells to any Muslim any food, drink, cigarette or other forms 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 and shall on conviction be liable to a fine not exceeding RM1,000 or to imprisonment for a term not exceeding six months or to both, and for a second or subsequent offence to a fine not exceeding RM2,000 or to imprisonment for a term not exceeding one year or to both, he added.
“However, we need to be realistic. For the above suggestion to be realised, we need approval from each state in the country for its implementation as according to our supreme law of the land which is the Federal Constitution, Islamic affairs clearly fall within the jurisdiction of the states.”
He said each state in the country needs first to amend their existing Syariah criminal offences enactment to turn the above suggestion into reality.