Teng: Banning vape because of fatwa unconstitutional

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Banning vaping simply because of a fatwa is unconstitutional, said a DAP central committee member today.

Teng Chang Kim, who is also a Selangor exco member, said this was because such a ban would infringe on the rights of non-Muslims.

"All governments, federal or state, have their respective powers under the federal and state constitutions to enforce civil law and Islamic law.

"However, enforcing or imposing the Islamic law, including any ruling by any fatwa committee, be it national or state, on all the citizens irrespective of their religious beliefs will infringe the non-Muslims' civil rights under the federal constitution," Teng said in a statement.

He was commenting on the Malacca government's decision to ban vaping in the state yesterday, in line with the Malacca fatwa council's edict that vaping was haram (forbidden by Islam).

Besides Malacca, vaping has so far been banned in Johor, Negeri Sembilan and Kedah.

This follows an edict by the National Fatwa Council earlier that vaping was haram .

"I have no qualms if the Malacca government is of the view that vaping should be banned for whatever reasons it believes so.

“But to justify its decision on the ruling of the National Fatwa Council or the state fatwa committee is unacceptable constitutionally," Teng said.

The Health Ministry had previously mulled banning vaping at the federal level but the cabinet decided that the matter needed to be studied further before any decisions were made.



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