Moral Governance and Local Enforcement in Malaysia: Evaluating PBT Powers through the Framework of Siyasah Syar‘Iyyah

This article explores the intersection between Islamic political principles (al-Siyasah al-Syar‘iyyah) and the enforcement powers of local authorities (Pihak Berkuasa Tempatan, or PBT) in Malaysia. Grounded in a qualitative research design, the study analyses legal texts, case documentation, and media reports concerning three controversial cases: (i) the unisex salon ban by the Kota Bharu Municipal Council (MPKB), (ii) the billboard advertising guidelines issued by the Alor Setar City Council (MBAS), and (iii) the alcohol confiscation operation by the Shah Alam City Council (MBSA). These cases are examined through the theoretical framework of al-Siyasah al-Syar‘iyyah, focusing on four core principles: the realisation of public benefit (jalb al-masalih), the prevention of harm (dar’ al-mafasid), precautionary deterrence (sadd al-dhari‘ah), and consideration of changing realities (taghyir al-zaman). Findings reveal that although Islamic values are not explicitly encoded in Malaysian legal structures, the enforcement mechanisms by local authorities often reflect Shariah-aligned intentions, particularly in safeguarding morality and public order. However, public perception and media discourse frequently challenge these actions, accusing them of overreach or religious imposition. The article argues that such measures can be justified within the framework of al-Siyasah al-Syar‘iyyah if they uphold justice, respect plurality, and align with constitutional limits. The study calls for improved policy communication, inclusive engagement with non-Muslim stakeholders, and the institutionalisation of ethical enforcement practices rooted in Islamic governance philosophy.