Make smoking, vaping Syariah offences
Published on: Sunday, June 08, 2025
Published on: Sun, Jun 08, 2025 Text Size: The government should strongly consider making smoking cigarettes or other substances associated to it like vape as part of Syariah criminal offence and prohibited for Muslim in the country. Such suggestion should be seen part of the ongoing efforts to combat and eradicate smoking and addiction within our society especially among Muslim.
Advertisement Everyone is aware over the negative impact of smoking. The most common type of smoking activity involved the use of cigarettes. With the advance of modern technology, smoking activity nowadays has been transformed into modern form like electronic cigarette or vape. A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The harm from smoking comes from the many toxic chemicals in the natural tobacco leaf and those formed in smoke from burning tobacco.
Advertisement According to many researches, about half of smokers die from a smoking-related cause. Smoking harms nearly every organ of the body. According to many studies, smoking leads most commonly to diseases affecting the heart, liver, and lungs, being 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). The World Health Organization (WHO) estimates that tobacco kills 8 million people each year as of 2019 and 100 million deaths over the course of the 20th century. Meanwhile, an electronic cigarette is an electronic device that simulates tobacco smoking. It consists of an atomizer, a power source such as a battery, and a container such as a cartridge or tank. Instead of smoke, the user inhales vapor. As such, using an e-cigarette is often called vaping. In 2019 and 2020, an outbreak of severe vaping lung illness occurred in the United States. The regular use of e-cigarettes has been linked with damage to the lungs, cardiovascular system as well as the brain. In a 2022 study Western researchers found that frequent inhalation of the vapors in e-cigarettes have a positive correlation with the frequency and severity of asthma and obstructive lung disease. In the same study they also found a positive correlation between the use of e-cigarettes and medical conditions such as myocardial infarctions, coronary artery disease and strokes. In regards to the brain, the vapors in e-cigarettes can cause damage to the neurons in developing brains. This can impair the decision-making process leading to more frequent impulse decisions. The rule pertaining to smoking has been made clear in Islam itself and there is also a clear fatwa (a nonbinding but authoritative legal opinion) on this issue in the country. The Fatwa Committee of the National Council for Islamic Religious Affairs of Malaysia on 23 March 1995 had discussed the issue on 'Smoking from the view of Islam' and agreed to decide 'Smoking is forbidden in Islam because in it there is harm'. It been declared forbidden because it can bring harm to the smoker own health and the health of others through the smoke it generates. The habit of smoking is also wasteful from many aspects especially from financial aspect. Similar stand has also been taken for the use of vape. The ruling by the National Fatwa Council in 2015 stated that smoking electronic cigarettes or vaping is forbidden. Though Islam has clearly explained the danger of smoking and vaping through the fatwa which been produced there are still Muslims in the country which take the issue lightly. As such, drastic step needs to be taken by the government on this issue. This can be easily be done by having a clear and proper legislation on this point namely by making smoking and vaping a Syariah offence. Though currently we already have Syariah Offences Act and Enactments in the country which stipulates many Syariah crimes but nothing specific being mentioned on smoking and vaping. The only part which speak about smoking is only been stipulated under Section 15 on the offence for being disrespectful during the holy month of Ramadhan. Section 15 of the Syariah Criminal Offences (Federal Territories) Act 1997 [Act 559] for instance clearly states that 'Any person who during the hours of fasting in the month of Ramadhan (a) 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 and shall on conviction be liable to a fine not exceeding one thousand ringgit 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 two thousand ringgit or to imprisonment for a term not exceeding one year or to both'. It would be much better if we can insert specific section in the Syariah Offenses Act and Enactments to makes smoking and vaping as criminal offense in order to send a strong signal or reminder to everybody especially to Muslim in the country about the danger and the prohibition of smoking and vaping. Dr. Muzaffar Syah Mallow Associate Professor, Faculty of Syariah & Law, Universiti Sains Islam Malaysia (USIM) The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]
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