Vaping has been trending among youth but several states have banned smoking e-cigarettes after the National Fatwa Council declared it haram. – AFP pic, January 8, 2016.
The National Fatwa Council's edict that smoking e-cigarettes or vaping is forbidden for Muslims is merely advisory as Islamic religious matters come under the purview of the states, say constitutional lawyers.
They said religious decrees were not binding on Muslims unless the respective state fatwa council adopted the suggestion.
Even that, they added, was subject to legal challenge on grounds of discrimination if non-Muslims were allowed to vape.
Lawyer Fahri Azzat said the ruling of the council, under the Department of Islamic Advancement of Malaysia (Jakim), had no legal standing.
"It is purely advisory until and unless adopted by the state fatwa committee. Only then is it applicable to Muslims in that state," he said.
The lawyer was commenting on the ruling by seven states that vaping was haram for Muslims following the national council's decision on December 21.
Pahang was the latest to declare vaping haram after a decision by the Pahang Islamic Religious and Malay Customs Council (Muip) on Monday.
Muip deputy president Datuk Seri Wan Abdul Wahid Wan Hassan said vaping was already prohibited in and around mosques, as well as in religious department offices.
Muip had also forbidden its employees and visitors from vaping on its premises, he said.
“That was in line with Health Ministry directives banning smoking in public areas. Vaping causes discomfort to others and could be harmful to health. Also, it is a waste of money,” Wan Abdul Wahid was quoted saying in The Star.
On Wednesday, the Negri Sembilan government announced that vaping was haram but that it would not ban the sale of vape products in the state.
Johor, Kelantan, Terengganu, Kedah and Malacca had earlier declared that they would ban vaping following the National Fatwa Council's decision.
Council chairman Tan Sri Dr Abdul Shukor Husin said the decision was made after a Special Muzakarah (Conference) of the Fatwa Committee of the National Council for Islamic Religious Affairs in Malaysia.
The muzakarah was also attended by state muftis, deputy muftis and members appointed by the Conference of Rulers.
Shukor also recommended that other states follow the decision of the council.
He said local authorities or the governments could decide on the banning of vape if there was public interest and benefits.
Kelantan, Terengganu, Pahang, Kedah, Perak, Perlis, Selangor, Johor and Negri Sembilan have constitutional Malay monarchs and these rulers still maintain authority over religious affairs in their states.
Penang, Malacca, Sarawak and Sabah do not have any sultan, but the Yang di-Pertuan Agong is the head of Islam in each of these states as well as in each of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
Lawyer Syahredzan Johan (pic) said the binding authority on Muslims were the state religious authorities under the aegis of their rulers.
"I think the national council's decree has become a convenient excuse for them (the states) to ban vaping among Muslims," the lawyer said.
Syahredzan said any shutting down of premises selling vape products should be made under laws made by the local governments.
"This should apply to Muslims and non-Muslims. To say that they are following the national council amounts to the national body dictating and influencing what states do within their jurisdiction," he added.
- TMI
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