Kedah to challenge court ruling on gambling licences at Federal Court

 

Kedah to challenge court ruling on gambling licences at Federal Court



Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor said the state’s position will not change as it aligns with the mandate of the people who elected the current state government to implement policies based on its core values. — Picture by Firdaus Latif

Monday, 22 Dec 2025 10:28 AM MYT


KUALA LUMPUR, Dec 22 — Kedah will defend its decision not to renew gambling and lottery premises licences by taking the matter to the Federal Court.

Kedah Menteri Besar, Datuk Seri Muhammad Sanusi Md Nor, said the state’s position will not change as it aligns with the mandate of the people who elected the current state government to implement policies based on its core values, according to a report in Harian Metro today.

“We will not stop here; we will fight. I am disappointed with the decision, but we will bring this case to the Federal Court.

“We pray that our arguments can be presented excellently, clearly, and comprehensively. This is the will of the people who chose us as the state government — why not respect their choice?” he said.


He made the remarks while speaking at the 41st anniversary celebration and launch of PAS Sik’s machinery for the 16th General Election (PRU16) here yesterday.

Muhammad Sanusi was commenting on the Court of Appeal’s decision on December 12, which rejected the Kedah state government’s appeal by a 2-1 majority, thereby upholding the High Court’s ruling that the state government’s order not to issue or renew gambling business licences was unconstitutional.

In the decision, Court of Appeal judges Datuk Dr Lim Hock Leng and Datuk Faizah Jamaludin dismissed the state government and Menteri Besar’s appeal, citing a lack of merit, while Chief Judge of Sabah and Sarawak, Datuk Azizah Nawawi, delivered a dissenting opinion.


The Court of Appeal ruled, among other things, that matters related to gambling and lotteries fall under the jurisdiction of the Finance Ministry because agent and operator licences are issued and regulated by the ministry.

Muhammad Sanusi stressed that the state government acted within its existing powers when it chose not to renew gambling premises licences in line with state policy.

“We are the government; we can implement what we want within the law. As the government, we need to formulate clear policies — no more gambling premises licences in Kedah.

“However, this policy has been challenged by 12 gambling operators — two from Kedah and the rest from other states operating here. The case was brought by lawyers from the DAP opposing us in court,” he said.

He added that Kedah is following similar policies implemented earlier by Kelantan and Terengganu, which restricted the expansion of gambling activities.

He said the court’s decision also raises questions about the status of Islam as the Federal religion under Article 3 of the Federal Constitution, as policies based on Islamic values appear difficult to fully implement under existing law.

“The judge’s job is to interpret the law, and once interpreted this way, that is the outcome. If we had a different set of laws, the outcome would certainly differ.

“Our laws are still ‘non-Islamic’ — I say ‘non-Islamic’ because if we understand it, this is God’s command regarding gambling, alcohol, all of which are major sins, but cannot be applied within this legal framework.

“This case is a lesson: even though Islam is the Federal religion, its implementation is still bound and limited,” he said.

Muhammad Sanusi also expressed regret that the state government’s authority under Section 9 of the Local Government Act 1976 (Act 171) was denied.

“We have the power to issue premises licences, but it is said the state cannot direct local authorities because they are independent entities and cannot take orders from the state government, even though Section 9 of Act 171 clarifies this power. Yet in gambling matters, the state is said to have exceeded Federal authority,” he said.

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