KUALA LUMPUR, Aug 19 — The Kedah government will examine whether it has any legal avenues left to pursue its zero-gambling policy after the Federal Court rejected its bid to appeal a ruling over gambling licences, Menteri Besar Datuk Seri Muhammad Sanusi Md Nor has said.
Sanusi said the state had yet to decide on its next move and would first seek legal advice to ensure any further action complied with the court’s decision and did not risk contempt proceedings, according to Utusan Malaysia.
“How can anyone refuse to comply with a court order? That could amount to contempt of court. We cannot do that. I cannot provide an explanation because I do not have expertise in the matter,” he was quoted 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.”
He was speaking after a groundbreaking ceremony for a new student residential college at Sultan Abdul Halim Mu’adzam Shah International Islamic University (UniSHAMS) in Baling yesterday.
Asked whether the state government would issue new licences for gambling premises, Sanusi said no decision had been made.
“If no one wants to gamble, there is no need to open them. If there is no demand, naturally there will be no supply. I have not made that decision [on new licences]. We will see what the demand is like,” he said.
“My heart is with God. God does not permit it, but people do, so my heart remains with God.”
Sanusi also rejected suggestions that Kedah’s policy was intended to deny the rights of non-Muslims, saying the state government’s position was based on religious principles rather than ethnicity.
“I am still thinking about it when they say we are denying the rights of non-Muslims. We are not denying anyone’s rights. But if something is sinful, God commands us to prevent it,” he said.
“The problem is that Muslims can also enter [gambling premises]. That is the issue. As for the Chinese, since their religion does not prohibit gambling, go ahead and gamble. It is up to you. My heart is with God.”
Asked whether Kedah would use any remaining legal avenues to maintain its zero-gambling policy, Sanusi said the government first needed to establish what it could say or do following the judgment.
“I cannot say anything more yet. We have to see whether expressing such an intention could be regarded as contempt of court,” he said.
“But I can say that my heart is with God. Whoever accepts what is sinful is committing sin. That is the Islamic principle. To accept disbelief is disbelief.”
On August 12, the Federal Court dismissed the Kedah government’s application for leave to appeal against a Court of Appeal ruling concerning the issuance of licences for gambling premises.
The Court of Appeal had upheld an Alor Setar High Court decision finding that the Kedah government’s directive was ultra vires, or beyond its legal powers, and inconsistent with the Federal Constitution.
