THE government’s decision to make it compulsory for civil servants to be vaccinated against Covid-19 is sanctioned under shariah and should not be considered as restricting individual freedom, a shariah expert said.

Dr Syed Shahridzan Syed Mohamed, who is Federal Territory Mufti Office 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 the group of people disobeying the order related to public interest.

“Islam, through siyasah syar’iyyah, gives the government full right to issue certain orders to help manage an emergency like Covid-19,” he said.

“Under siyasah syar’iyyah, disciplinary action by the government can be categorised as mild punishment.”

Syed Shahridzan said vaccinations are for the common good and cooperation is necessary for success.

“We use 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,” he said.

“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 could make the Covid-19 vaccine compulsory for all citizens.”

He said it is 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 said 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 public interest, and not against shariah.

On September 30, the Public Service Department made it mandatory for federal civil servants to be vaccinated against Covid-19, which must be completed by November 1.

Based on the department’s 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.