Gambling is not about how well you play the games, it’s really about how well you handle your money. – VP Pappy, American financier
I believe many of us are aware of one well known Tok Guru (no necessity for me to name him here) who actually said that it is not a sin for Muslims to accept bribes. I take that to mean corruption is okay, to this Tok Guru at least.
This Islamic cleric who also heads a political party, however, wanted to see gambling banned in the states which his party rules, namely Perlis and Kedah.
I don’t know what others think but to me, I honestly believe that gambling is less harmful than corruption, particularly if the game is enjoyed as a past-time. Corruption, in most cases, is stealing from the public coffers and in the recent Tabung Haji scandal, it’s the Malay/Muslim officers betraying the trust of their own community.
Let me be clear. I am not suggesting that gambling is harmless. It is not. Gambling addiction can destroy families, wipe out savings and leave individuals in serious financial difficulty. Islam expressly prohibits gambling, and Muslims who observe their faith are perfectly entitled to reject it.
But there is a fundamental difference between saying something is forbidden to Muslims and attempting to impose that religious prohibition on an entire multi-ethnic and multi-religious society.
That is precisely where the controversy over gambling licences in Kedah and Perlis becomes interesting.
Kedah’s attempt to stop the issuance and renewal of business licences for number forecast operators has now run into the highest court in the land.
On Aug 12, the Federal Court dismissed the Kedah government’s application for leave to appeal, effectively upholding the earlier ruling that quashed the state’s blanket licensing policy. The Court of Appeal had previously found that the state government had exceeded its constitutional powers by imposing a statewide prohibition.
Kedah’s political leadership has understandably been disappointed. From its perspective, the policy was intended to curb activities it regards as contrary to Islamic principles and harmful to society. But good intentions do not automatically confer unlimited legal powers on a state government.
And this is an important lesson for Malaysia. This is something which must be made clear to all – Malaysia is not an Islamic state in which the religious rules of one faith can simply be imposed wholesale on every citizen.
We are a constitutional country made up of Muslims, Buddhists, Christians, Hindus, Sikhs and followers of other beliefs. What one community considers sinful cannot automatically become unlawful for another community simply because a political party governing a particular state says so.
The government has every right, and indeed a responsibility, to regulate gambling strictly. It can determine where gambling outlets may operate, impose licensing conditions, protect neighbourhoods, prevent underage participation, tackle money laundering and take firm action against illegal operators.
What it should not do is confuse religious morality with universal legislation. The practical problem is even more obvious when we consider what happens when legal gambling disappears.
People do not necessarily stop gambling simply because a government closes licensed outlets. They may merely move elsewhere and online betting is a popular option. Indeed, analysts have noted that illegal number-forecast operators operating through digital platforms continue to pose a serious challenge to Malaysia’s legal lottery industry.
So, what have we achieved by shutting down the legal operators? Potentially, we drive the activity underground, where there is less regulation, less consumer protection and less government oversight.
That is hardly a victory. And let us not pretend that gambling is a marginal activity involving only a small number of people. Malaysia has a long-established legal gaming industry, while Genting Highlands remains a major tourism and entertainment destination. The existing system already recognises religious boundaries, including restrictions on Muslim participation in casino gambling.
We also know that the reality on the ground is more complicated than political speeches suggest. Muslims do patronise gambling outlets, despite the religious prohibition. Banning the premises does not magically eliminate the demand.
This brings me to what I believe could be a more sensible Malaysian solution – a genuine win-win formula.
Let the federal government retain responsibility for the overall gambling framework and licensing of gambling activities, while state and local authorities strictly regulate premises on legitimate grounds such as location, safety, sanitation, public nuisance and suitability.
The Court of Appeal itself recognised that local authorities can regulate premises on such grounds. What they cannot do is disguise a blanket religious objection as a licensing decision.
At the same time, gaming companies should accept tougher obligations. Higher taxes, stronger responsible-gambling programmes, tighter age verification, restrictions on advertising, limits on operating hours and meaningful contributions to addiction treatment and community programmes could all form part of the bargain.
The government gets revenue and better control. Gaming companies get legal certainty and a regulated operating environment. Society gets stronger safeguards.
And Islam gets what it should get in a plural society – respect for its teachings and protection of Muslims from activities prohibited by their faith, without imposing those religious prohibitions on non-Muslim citizens.
That, to me, is far more sensible than an absolutist ban. And while we are busy debating gambling, perhaps our religious and political leaders should devote equal, if not greater, energy to corruption.
Gambling can make a person lose money. Corruption can make an entire nation lose its money, institutions, dignity and future.
So let us get our priorities right. If a Muslim wants to stay away from gambling because Islam prohibits it, I fully respect that choice.
But in Malaysia, the law must protect all Malaysians – not just those who share the religious beliefs of the government of the day.
That is the essence of living together in a diverse nation. We should regulate gambling firmly, combat addiction aggressively, crush illegal operators and protect vulnerable people.
But banning something merely because one religion disapproves of it is not necessarily good governance.
And if we truly want to build a more moral Malaysia, perhaps we should start by declaring war on corruption with the same enthusiasm with which some politicians declare war on gambling.
The views expressed here are those of the columnist and do not necessarily represent the views of Sarawak Tribune. He can be reached at sirsiah@gmail.com
