KUALA LUMPUR – The government’s decision to make it compulsory for civil servants to be vaccinated against Covid-19 is sanctioned under shariah law and should not be considered as restricting individual freedom, said an expert.
Syed Shahridzan Syed Mohamed, the Federal Territory Mufti Office’s principal assistant mufti (research), said that based on siyasah syar’iyyah (authority to act according to the benefit), the government can take disciplinary action against people disobeying an order related to the public interest.
“Islam, through siyasah syar’iyyah, gives the government full right to issue certain orders to help manage an emergency like Covid-19.
“Under siyasah syar’iyyah, disciplinary action by the government can be categorised as mild punishment,” he said when recently contacted.
Syed Shahridzan said that vaccinations are for the public good and that cooperation is necessary for success.
“We utilise the fiqh (principle) that ‘al-masalahatu al-‘ammatu muqaddamatun ‘ala al-maslahati al-khaassati’ (the public interest takes precedence over private interest), in this case.
“The government can require civil servants to get the Covid-19 vaccine based on maslahat (benefit).
“With the advantage provided by siyasah syar’iyyah, the government can make the Covid-19 vaccine compulsory for all citizens,” he said.
Syed Shahridzan said it was based on the fiqh that “tasarruful Imami ‘ala al-ra‘iyyati manutun bil maslahati” (the ruler’s decision for the people is to be executed in their interest).
He added that the majority of Muslims in Malaysia belong to the Sunnah Wal Jamaah school of thought that makes it obligatory to follow a ruler’s orders in matters related to the public interest that are not against shariah.
On September 30, the Public Service Department made it mandatory for federal civil servants to be fully vaccinated by November 1, 2021.
Based on its statement, nearly 98% of civil servants have been vaccinated, while 1.6% (or 16,902 people) have yet to register.
Civil servants are bound by the Public Officers (Conduct and Discipline) Regulations 1993. – Bernama, October 6, 2021
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