Kedah weighs legal options on zero-gambling policy after court rejects licence appeal

The state says its position on gambling is based on religious principles rather than ethnicity.

Malaysia.- The Northern Malaysian state of Kedah is seeking legal advice on whether it can do anything to maintain its zero-gambling policy. The update comes after the Federal Court rejected the state government’s attempt to challenge a ruling against its decision not to issue more gambling licences.

Menteri Besar Datuk Seri Muhammad Sanusi Md Nor said the state had not determined its next move. Utusan Malaysia quoted him as saying: “The lawyers will explain what the implications are, what is binding on us, and what we can and cannot do. There may still be another way. God willing, there is a way.”

The Court of Appeal upheld an Alor Setar High Court ruling that found Kedah’s directive to stop issuing licences for gambling premises to be ultra vires, meaning it exceeded the state government’s legal powers, and was inconsistent with the Federal Constitution. Sanusi stressed that the state would respect the judgment. He said: “How can anyone refuse to comply with a court order? That could amount to contempt of court. We cannot do that.”

However, the state has yet to confirm whether new gambling-premises licences will be issued. He added: “If no one wants to gamble, there is no need to open them. If there is no demand, naturally there will be no supply.”

The chief minister defended the zero-gambling position against claims that it discriminates against non-Muslims. He stated: “We are not denying anyone’s rights. But if something is sinful, God commands us to prevent it,”