Any state-sanctioned ban enforced solely on the basis of an edict by the National Fatwa Council that vaping is haram is “problematic”, said lawyer Syahredzan Johan.

In a Facebook posting, Syahredzan said this is because edicts issued by the National Fatwa Council are not binding on Muslims in states or federal territories.

“The only edicts binding on Muslims are those issued by the state fatwa councils or mufti, and have been gazetted.

“Therefore to declare vape as ’haram’ on basis of the edict by the National Fatwa Council is problematic,” he said.

In doing so, Syahredzan argued that the state governments have bypassed state fatwa councils and the mufti.

“The matter (to declare vape as haram) is under purview of the state religious authorities," he said.

Further complicating the issue was that the state government’s decision of ‘importing’ this edict will affect Muslims and non-Muslims.

Syahredzan, however, emphasised that he has no intention of questioning the National Fatwa Council’s rationale in issuing the fatwa on vape.

National Fatwa Council chairman Abdul Shukor Husin had on Dec 21 last year announced that vaping is haram and some state governments had used the edict to issue a ban on vaping or sale of vape devices in the states.

Malacca Chief Minister Idris Haron had on Jan 4 reportedly announced a ban on the sale and use of vape, in line with the national edict.

Besides Malacca, vaping has so far been banned in Johor and Kelantan. Negeri Sembilan and Kedah, have enforced a partial ban on sale of vape to Muslims.

DAP central committee member Teng Chang Kim on Jan 5 also said that to ban vaping based on a fatwa would be “unconstitutional" because such a ban would infringe on the rights of non-Muslims.