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Research question: How the government of Malaysia responds to the Islamic practices

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during Covid 19 pandemic based on Maqasid Shariah.

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Title: Islamic practices in pandemic

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World Religions

World count: 3986 words

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TABLE OF CONTENTS

No. Content Page

1 Introduction 1

2 Methodology 3

3 Main results and finding 4

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3.1 Coronavirus started in Malaysia 4

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3.2 How Malaysia reacts to pandemic based on Islamic guidances 5

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3.3 The Mosque restrictions during pandemic 7

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3.4 The Immunization and Vaccine 10

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3.5 The solemnization guideline 12

4 Conclusion 15

5 Bibliography 17
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1.0 INTRODUCTION

The new virus known as the novel coronavirus has hit our 21st century and started the

very first case in Wuhan, China in early December 2019. Starting from the food market in

Wuhan, the virus spread rapidly among the stall owners, market employees and even customers.

The patients show the symptom onset such as acute respiratory illness (Kandola, 2020). The

available evidence for Covid-19 shows that SARS-CoV-2 was identified in early January 2020,

given the fact the virus came from zoonotic sources. The transmission of the virus involves

person-to-person which can be infected by close contact. Since up to 178 countries reported the

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first case of Covid-19, World Health Organizations (WHO) declared the virus is a pandemic

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and might cause the outbreak to the world (Kandola, 2020).

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The Islamic countries in the Middle East and North Africa applied the Islamic guidelines
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due to the widespread virus and recorded the low cases daily (Hanna, 2020). Therefore, the non-
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Islamic countries and Islamic countries are practicing the different laws and regulations in this
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pandemic to control the spread of the virus. This triggered me to conduct research of a particular
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aspect of how Islamic countries have taken seriously the Islamic guidelines to deal with this
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pandemic and how far the actions align with guidance. I, hence, focus my research on Malaysia

since it is an Islamic country who's still struggling to handle the rising cases daily.

Malaysia official religion is Islam. Moreover, Malaysia’s government has heavily

restricted the practice of any other form of religion such as Shia Islam. The actions taken by

Malaysia to prevent the spread of coronavirus seems affiliated with the Islamic guidelines in the

Quran and Hadith. Since Malaysia is an Islamic country, the government, especially the Prime

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Minister and the King, prioritize to follow the Islamic guidelines to control the nation from the

outbreak of Covid-19.

As an outcome, this paper identifies the notion of preventative Coronavirus from an

Islamic viewpoint. The ensuing debate on the government's actions and the guidelines it follows

serves as the foundation for this type of research. In comparison to secular ideas and approaches,

an Islamic viewpoint on virus prevention offers a more practical approach, integrating religious

perspectives largely based on the Quran, Hadith, and Islamic law (Shariah). This research will

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discuss the issue of mosque restrictions which do not allow congregational prayer and Friday

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prayer, non-halal vaccine status and virtual solemnization. Since this research attempts to

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explore from an Islamic viewpoint, it demands a conceptual rationale relevant to the present
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pandemic to prevent the virus spread. Hence, the research question was formulated: How the
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government of Malaysia responds to the Islamic practices during Covid 19 pandemic based on
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Maqasid Shariah.
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The objectives of this research are (1) to address the government's actions-imposed

restriction which in line with Maqasid Shariah and (2) to look at restrictions from the guidance

Quran, hadith, and Islamic Jurist. I will discuss the argumentation and concern that arise from

the local people regarding the action and restriction during the pandemic and how the

government took the justification from the sacred text and how far the actions were significant

to it.

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2.0 METHODOLOGY

The methodology in completing this research comes from secondary research. The initial

progress is mining of information regarding the research questions from secondary data which

comes from reliable sources such as the official website of Mufti (Islamic jurist), the newspaper

and the website of the World Health Organization (WHO), to name a few. Hence, I also include

to analyze and interpret the addressing texts in Quran, hadith and other reliable sources that

show the guidance for Muslim in the pandemic. The text from the Quran that is translated in

English has been used in this research. I have used the secondary data as my major information

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due to Islamic guidelines and fatwas (opinion) which I enlighten in this paper can't be derived

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from personal’s opinions.

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I found this secondary data is an appropriate method for collecting data since my search
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requires me to find out some information. However, since there is a wide choice of information
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from the internet, I have to choose the most reliable one and not from the mere opinion from the
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non- expert. I must be aware of fake news and opinions on the internet.
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3.0 MAIN RESULTS AND FINDING

3.1 Coronavirus started in Malaysia

The first localised case of Covid-19 started around March 2020 which was coming from

the Cluster Tablighi. The outbreak started the massive spread in local cases in early March

regarding the Cluster Tablighi in late February. According to the religious gathering, Malaysia

had confirmed the largest cumulative Covid-19 cases’ infections in Southeast Asia (Sukumaran,

2020).

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The government of Malaysia has strictly ordered the Movement Control Order (MCO) to

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mitigate the spread of Covid-19 by 16 March. The MCO ended on 23 April 2020. Therefore,

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the first lockdown, the Conditional Movement Control Order (CMCO), was implemented on
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May 1st, allowing business to continue as normal, followed by the Recovery Movement Control
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Order (RMCO) as the second phase on June 10th. The RMCO has been extended until
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December 31, 2020. Unfortunately, the third wave of Covid-19 struck Malaysia, forcing the
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government to reintroduce the CMCO in virtually all states. The third wave coming from Sabah,
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the consequences of the election campaign. Until now, Malaysia has recorded a large number
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of cases daily (Jun, 2021).

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3.2 How Malaysia reacts to pandemic based on Islamic guidance

The rise in the case drove the government to act in various aspects. This research therefore

emphasizes the actions in the term of religious aspects of Islam since 61.3% of Malaysian are

Muslims according to the Department of Statistics Malaysia. Government is guided by Islamic

guidance to overcome the certain aspect in religious such as in the Shariah because Muslim

must take the sources from it. Shariah is an Islamic canonical law based on the Quran's teachings

and the Prophet's traditions (Hadith and Sunnah), dictating both religious and secular obligations

as well as occasionally retributive punishments for lawbreaker. It has typically been reinforced

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by laws according to the needs of the time, however, how it should be implemented in modern

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nations is debatable. More fundamentally, knowing the Shariah aims can assist in explaining

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what a proper Islamic reaction should be. Scholarly examination of the Quran and Hadith is
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used to elucidate these goals (Suleman & Sheikh, 2021).

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The significant action taken by Malaysian showed the similarity of action taken by
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Companions in the outbreak of plague in the city of Amawas that have been stated in the history
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of Islam. It was taken by Sayyidina ‘Amr al- ‘As as he quarantined himself and brought those
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who were infected in the mountain and secluded themselves to avoid the healthy society getting

infected. His actions are truly justify based on the hadiths, “and one should run away from the

leper as one runs away from a lion,” (Sahih al-Bukhari: 5707) and “Do not put a patient with a

healthy person”, (Sahih al-Bukhari: 5771) (Naqiuddin, 2020). Same goes to Malaysia, all part

of the community abided by the government’s restrictions during a pandemic through self-

quarantine at home and no mass gathering allowed.

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In Islam, it is obligated for Muslim to abide to the rulers (ulil amr) in taking decisions

that related to their legitimate commands, as stated in Quran, “O you who believe! obey Allah

and obey the Apostle and those in authority from among you.” (Quran 4:59). The word ‘those

in authority from among you’ is mentioned in the verse implies the Ulil Amr (Musawi Isfahani

et al, N.D). This indicates that, in obedience obligations, they are not as Allah and His

Messenger are, and cannot be followed until their command is valid (in compliance with the

instruction of Allah). Moreover, Malaysia’s decision to announce restrictions during the

pandemic are based on fatwas by Mufti that refer to Quran, hadith, and Islamic Jurist.

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Furthermore, the Mufti of Federal Territory used recent fatwas from international

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institutions and renowned scholars highlighting the role of Maqasid Shariah in providing
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religious guidance for Malaysia during the pandemic (PMWP, 2020). As mentioned before,
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Maqasid Shariah is the general goals of Islamic law, which consist of the deeper definitions and
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inner facets of knowledge which the lawmaker (Allah) considers in the legislative field and
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circumstances. The philosophy of Maqasid Shariah offers a simple structure and guideline for
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solving the problems while respecting the human interest and the will of God. The clear
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objectives of Shariah are describing the essence of goodness and getting rid of destruction

(Mochamad Sandisi, 2020). Therefore, in this context, how the government reacts towards

pandemics is based on Maqasid Shariah as well as derived from Quran and Hadith.

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3.3 The Mosque restrictions during pandemic

Starting from March 11, 2020, the Ministry of Health has announced a new statement

regarding the rise in the cases of Covid 19 that reach a peak point. The Ministry of Health urged

the public to postpone all mass gatherings to prevent any infection and spread of the Covid 19

(Fong, 2020). From the restrictions and advice, the issue regarding to the performing Friday

prayer and salat al-jama‘ah sparks a polemic question in the Muslim society, especially men

since Friday prayer is obligated to all Muslim men.

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Therefore, the Mufti of Federal Territory came up with rigorous decisions after a meeting

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with The Malaysian International Committee of Islamic Religious Council (MKI) and Royal

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Highness on 15 March 2020 at the Pulse Grande Hotel, Putrajaya to get his consent, regarding
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the issue of Friday prayer. Looking back to the restrictions, the Mufti decided that Muslim men
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do not need to perform Friday prayer, but it is obligated to perform salat (prayer) Zhur at own
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place to avoid the gathering in the mosque. The decision to close all mosques is referred to by
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international fatwa institutions and renowned scholars as a guide (Naqiuddin, 2020). As such,
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international fatwa institutions have convened and issued their respective decisions to help
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provide guidelines on this serious decision to Islamic countries as stated below.

1. According to the Al-Azhar’s Council of Senior Scholars (ACSS), they provide the

guidelines that are permissible for a country to suspend Friday prayer and salat al- jama'ah

(congregational prayer) for a period that may lead to the spread of the virus. Malaysia is

one of the countries that took decisions from this fatwa and has followed all the guidelines

provided by ACSS (Naqiuddin, 2020). Besides being suspended for Friday prayer, ACSS

also provides 3 significant guidelines for the country to practice even though there is no
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such Friday prayer. For instance, calling for adhan for each time of prayer in the mosque is

change word by replacing the word 'come to prayer' with ‘pray where you are,' or 'pray at

home’ (Al-Amir, 2020). The Adhan is an invitation for Muslims to join the place of salat

and turn their soul, body, and spirit to God alone.

2. Not only refers to the ACSS, but Mufti also refers to The Fatwa Council of The UAE led

by Sheikh Abdullah bin Bayyah. He states in his fatwa some guidelines for Muslims due

to the suspension of Friday prayer. The guidelines included it is haram (forbidden) for those

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infected or experienced the symptoms to be in the public as well as go to the mosque to

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perform either Friday prayer or salat al- Jumu’ah. Sheikh Abdullah also stated that the

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rukhsah (facilities) is given to those with respiratory disease and weak immune systems to
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perform salat at home as well as performing salat Zhur to replace Friday prayer (Naqiuddin,
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2020).
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The second issue spark among Muslim is no salat al- Jumu’ah (congregational prayer) in
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the mosques except for the imam and bilal on duty to maintain the adhan is call out every prayer
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time. Makmum refers to people who need to be in a saf (line) during salat, therefore, the

gatherings in the mosque are not allowed to ensure social distancing is adhered among makmum

since makmum needs to make sure there are no gaps in saf during the congregation prayer,

according to hadith “Have the imam in the center and close up the gaps” (Sunan Abu Dawud:

681). It is makruh (offensive act) for makmum to let the gap open in the saf as it can annuls the

reward of congregational prayer (Mohd Noor, 2020). Looking back at the restrictions by the

government, the reason for closing the mosque seems valid because people need to make sure

there is no close contact between makmum.

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The suspensions on Friday prayer and congregational prayer based on fatwas above are

based on the Islamic guidance, which is Quran and Hadith if we pay attention to the point given

by each international fatwa and institutions. Malaysians are asked to stay at home during the

pandemic and obey restrictions as it will help to prevent viruses from spreading among society.

Hence, in the Quran, it is obviously stated that it is haram for a person to persecute himself into

destruction and not take any precautions. This is according to the verse, “And do not throw

(yourselves) with your (own) hands into destruction (by refraining)” (Quran 2:195).

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In relation to the government’s action to close mosques, suspend Friday prayer and

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congregational prayers show the obligation of the Maqasid Shariah, which is hifz al-nafs
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(protection of life). The focus is to protect the life of people from exposure to the Coronavirus,
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which noted that any close contact can cause a person to be infected. This is because if mosques
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are open and congregational prayers are allowed, there will be mass gathering. The risk of harm
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will thus rise, resulting in harm and devastation, even though the principle of Islam is to avoid
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or prevent harm. Enforcing rigorous health and safety procedures, defined in Islamic
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terminology as the implementation of the principle of hifz al- nafs, has been shown to be

effective in preventing the spread of Covid-19 among Muslims.

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3.4 The Immunization and Vaccine

The World Health Organization defines "immunization" as the process by which a

person is made immune or resistant to infectious disease, usually through vaccination (WHO,

n.d). Vaccines stimulate the body’s own immune system to protect a person from infections or

any type of disease. According to the Malaysian Ministry of Health, vaccines contain antigens,

which are derived from part or all the structure of viruses or bacteria that have been killed or

weakened. Antigens in vaccines work to stimulate the body's immune system to form immunity

to specific disease infections (Mohd Noor, 2019). One or more active ingredients are the key

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ingredient in all vaccines. Apart from this, water is the main ingredient in vaccines. Most of the

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injected vaccines contain a liquid, and other substances with a few drops. All other ingredients

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weigh a few milligrams or even less (Oxford, 2021).
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An adult and teenager show the volunteerism in taking the vaccines despite the fear nor
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of substances or side effects. They believe taking vaccines helps the government to achieve herd
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immunity in the short run (Anonymous, 2021) Whilst, the elderly is concerned about the shot
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which could harm their health besides bringing negative effects such as heart failure and the

blood clot. Moreover, the spreading of the fake news which is widespread among WhatsApp’s

users spark the fear of elderly to take the vaccine (Bernama, 2021).

Malaysia is also set to get the vaccine from China, which has raised questions among

Muslims over its halal status. According to Health Ministry Director-General Noor Hisham

Abdullah, the much-anticipated Covid-19 vaccination does not need to be halal in order to be

administered in Malaysia, assuaging local Muslims' fears about the doses having chemicals

prohibited by Islam (Hassan, 2020). Nevertheless, the local Muslim still concern with the non-
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halal chemical in vaccines since there is no halal certificate for the vaccine yet. However, even

if there is an ingredient which is not permissible, the chemical transformation process will make

it clean and halal (Hassan, 2020).

The Federal Territory Mufti, Zulkifli has explained the concern of vaccines by law. If it

is made of an unclean material, it is divided into two: If there are other alternatives, then on

should not use a fecal vaccine. This is because of the words of Rasulullah SAW from Abu Darda

'R. Anhu which means: “Indeed, Allah has sent down diseases and cures, and He has made for

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every disease a cure, so you all be cured and not all of you be cured by (things) which is haram”.

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The other one states that if there are no other alternatives, it is allowed as it is considered in the

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dharurah (emergency) matter (Nadzirah, 2015).
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Maqasid Shariah is highly emphasize in Islam is hifz al-nafs (protection of life). In the method
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of Maqasid Shariah in vaccine issues it cannot cause harm and cannot retaliate with harm which
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was taken from a hadith narrated by Ibn Abbas. The hadith states unequivocally that any harm is
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denied to oneself. Thus, the interpretation that might have been made is if leaving the vaccine

injection to a child would cause injury to the child, then leaving the vaccine is regarded an offense

that is prohibited by Islamic law, which is to harm a human being (Rusli, 2016). The second method

is based on a famous method by jurisprudence where harm is removed. Harm is eliminated or

eliminated through various means. Among them is to take precaution against a danger that will

happen. Therefore, taking the vaccine is also included in the way to get rid of harm to a person's

side, so this vaccination also coincides with the method of jurisprudence above (Rusli, 2016).

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Islam urges Muslims to continually seek a remedy for the sickness from which they suffer,

because every disease has a cure that must be sought, examined, and studied. In this context,

vaccines already exist around the world which provides myriad types of vaccines such as Pfizer,

Sinovac and AstraZeneca. Taking vaccines helps immunization and herd immunity. Regardless of

the chemical substances’ status, which is halal or not, Muslim must follow the government’s order

in taking the shot to protect the life.

3.5 The solemnization guideline

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The strict standard operating procedures (SOP) for conditional movement control order

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(CMCO) has opposed there is no physical solemnization or wedding ceremony can be held and
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bride-to-be must postpone their marriage solemnization due to the movement restrictions enforced
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by the government to curb the spread of Covid-19 (Perimbanayagam & Razak, 2020). The complaint
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arises about the aqd papers which are about to expire because of multiple postponements. To counter
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the concern and complaints, the government gives the authority to the Federal Territories Islamic
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Religious Department (JAWI) to give approval to do solemnization virtually via conference video,
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but there must be application first. JAWI will review the circumstances that required this type of

proxy wedding to give approval (Odin, 2021).

Even though JAWI has announced the approval of solemnization via video conferencing,

there are still some local people who are concerned about its validity. The first view argues that

online marriage is not valid based on the hadith of the Prophet Muhammad, which means there is

no marriage except in the presence of a guardian and 2 witnesses and any marriage other than that

is consider void (Shahdan, N.D).

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To deal with the first argument, the method of fiqh says that priority is given to prudence in

matters of legalizing genitals (munakahat matters) over prudence matters of property (muamalat).

In this case of validation on online solemnization, the JAWI has looked upon The Academy of

Islamic Fiqh (The International Conference of Scholars) in Saudi issued their resolution. Regarding

the law of covenants with modern means of communication, after requiring covenants, they stated:

Indeed, the rules do not cover the marriage contract because of the condition of witnesses present at

the ceremony. Their basis and argument are based on the Syafie which says that the marriage

contract in research is not valid because it is kinayah and not sarih (clear) (Shahdan, N.D).

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The second view argues that online marriage is annulled because of the two separate places of

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couples and witnesses. Islamic jurists, through Muzakarah (conference), agreed to stipulate that
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marriage is valid and it must be done in one ceremony and involved the implementation of ijab
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(offer) and qabul (acceptance) which are two essential elements of a marriage aqd (contract) in
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Islamic. Accordingly, the marriage contract via online has fulfilled the conditions of one ceremony
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of aqd because the ceremony be carried out in a ceremony not in two separate distances and times
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(Bakry et al., 2020). The validity of online marriage is the same as common marriage.
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Common marriage Online marriage

Future husband and wife ✓ Future husband and wife ✓

Guardian (wali) ✓ Guardian (wali) ✓

Witness ✓ Witness ✓

Ijab and Qabul ✓ Ijab and Qabul ✓

Table 1: The conditions of common marriage and online marriage

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The only difference is the final ijab and qabul which is common marriage happening in one

place whilst online marriage occurs in two different places. Using technology as a platform means

that both parties can fulfill all conditions of the pillars of marriage and witness the ceremony together

(Mamat & Mohd Yusof, 2013).

These issues of online solemnization sparked because solemnization or known as aqd, is

important to ensure the legality of marriage both under the Shariah and Malaysia laws. If the

marriage is not recognized by the laws and Shariah, it can affect the status of marriage to the void,

leading to illegitimate children. The government’s action to permit online marriage is to hifz al-nasl

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(protect lineage) in Maqasid Shariah and regulates to prohibiting adultery and prostitution. These

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types of affairs may result in illegitimate heirs, as well as challenges in identifying the roots of their
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family trees. This shows the significance of protecting the lineage for the purity of offspring from
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any possible future distortion or destruction by mixing it. As a result, one can determine who their
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parents are or who their own children are. Therefore, Islam requires marriage to take place in a
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proper manner, with wali and witnesses, and to be announced to avoid defamation in any form.
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In this context, the government’s action is in line with Maqasid Shariah as it guarantees the

protection of lineage. Thus, legal marriage is important to be carried out to avoid any annulled status

to protect the lineage legitimation. Therefore, the virtual solemnization should not arise a concern

anymore from Muslim and do not hesitate with its validity as approval given by the Islamic

Religious Department each state was coming from the Islamic jurist’s fatwa. Islamic jurists also

provided a condition in which they can perform the virtual solemnization to obey the standard

operating procedures during pandemic.

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4.0 CONCLUSION

To conclude, the action taken by either the government or Ministry of Religious Affair both

are sources from the Quran, Hadith, and Islamic Jurist to give a pleasant and most reliable strict

order during this pandemic and taken into consideration of the majority Muslim in Malaysia.

Maqasid Shariah is also part of the guidelines referred by the government. When it comes to

something related to Islam such as the prayer, halal vaccine status or solemnization, the best of all

restriction or order was imposed by the government which not comes from their own opinions but

based on the guidance of Muslim’s life (Quran and Hadith). Malaysia can follow in the footsteps of

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other Muslim clerics who have highlighted government regulations by issuing fatwas. The fatwas

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issued to the Muslim community re-analyzed religious practices and gave incisive counsel on how
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to adapt religious activities to affiliated with COVID-19 restrictions. The decision was made after
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considering have to follow the strict SOP which some of them have affected a Muslim in practicing
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their religions.
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The whole process of completing this research went smoothly since I can assess the
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information needed from the secondary data, which I did by taking some argumentation and

justification from reliable websites, journals, and newspapers. However, the limitation during my

research is I can’t freely access the journal and article because some needs to be paid. Dealing with

analyzing and interpreting the sacred texts makes me worried if I have misanalysed thus giving

misleading information during my research.

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This recommendation of this research is to focus on one topic and focus more on it for example

the vaccine problem may then be built upon and addressed to healthcare from the perspective of

Maqasid Shariah. The research will thus be more focused and detailed on healthcare issue rather

than a variety of topics.

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5.0 BIBLIOGRAPHY

Al Amir, K. (2020, March 20). Coronavirus and the Adhan: When the muezzin said pray from
home. Health – Gulf News. Retrieved from https://gulfnews.com/uae/health/coronavirus-
and-the-adhan-when-the-muezzin-saidpray-from-home-1.1584526142163

Anonymous. (2021, May 12). Vaccine volunteer drive attracts close to 13,000 youths to sign up.
The Star. Retrieved from https://www.thestar.com.my/news/nation/2021/05/12/vaccine-
volunteer-driveattracts-close-to-13000-youths-to-sign-up

Bakry, M., Syatar, A., Amiruddin, M. M., Abubakar, A., & Haq, I. (2020). Is it Possible to
Perform Online Marriage during COVID-19 Outbreak? International Conference on

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Ummah: Digital Innovation, Humanities and Economy, 1(1), 2–5.

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Bernama. (2021, May 30). Not checking Mysejahtera app, influenced by fake news among reasons
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for missed vaccine appointments. BERNAMA. Retrieved from

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https://www.bernama.com/en/general/news_covid-19.php?id=1966778
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Fong, L. F. (2020, March 12). Health Ministry urges all mass gatherings be postponed
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immediately. The Star. Retrieved from

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https://www.thestar.com.my/news/nation/2020/03/12/health-ministry-urges-allmass-
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gatherings-to-be-postponed-immediately

Hanna, A. (2020, May 14). What Islamists are doing and saying on covid-19 crisis. Wilson
Center. Retrieved from https://www.wilsoncenter.org/article/what-islamists-are-
doingand-saying-covid-19-crisis

Hassan, H. (2020, December 9). Malaysia says halal issue won't affect covid-19 vaccine roll- out
amid concerns among Muslims. The Straits Times. Retrieved from
https://www.straitstimes.com/asia/se-asia/halal-issue-will-not-impede-malaysiasvaccine-
roll-out-says-health-chief-amid-muslim

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Jun, S. W. (2021, March 18). March 18, 2020 and beyond: One year with covid-19 and life under
lockdown in Malaysia: Malay Mail. Malaysia | Malay Mail. Retrieved from
https://www.malaymail.com/news/malaysia/2021/03/18/march-18-2020-andbeyond-one-
year-with-covid-19-and-life-under-lockdown-in/1958714

Kandola, A. (2020, June 30). Coronavirus (COVID-19) origin: Cause and how it spreads.
Medical News Today. Retrieved from
https://www.medicalnewstoday.com/articles/coronavirus-causes

Mamat, A., & Mohd Yusof, N. (2013). The Usage of ICT in Shariah: Online Marriage Institute
of Education 2- The Shariah of Islam. International Journal of Humanities and Social

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Science, 3(5), 263–266.

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