al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 1-27
ISSN: 1907-591X, E-ISSN: 2442-3084
DOI: https://doi.org/10.19105/al-lhkam.v20i1.14897

Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia
Ending Solehudin

Universitas Islam Negeri Sunan Gunung Djati, Bandung, Indonesia
email: endingsolehudin@uinsgd.ac.id

Mustopa

Universitas Islam Negeri Sunan Gunung Djati, Bandung, Indonesia
email: hamkaofficial4@gmail.com

Muhammad Mudzakkir

Universitas PTIQ Jakarta, Indonesia
email: muhammad-mudzakkir@mhs.ptiq.ac.id

Saepudin

Universitas PTIQ Jakarta, Indonesia
email: saepudin@mhs.ptiq.ac.id

Hisam Ahyani

Institut Miftahul Huda Al Azhar, Kota Banjar, Indonesia
email: hisamahyani@kampusalazhar.ac.id
Article history: Received: July 19, 2024, Accepted: May 11, 2025,
Published: May 31, 2025

Abstract

Online gambling has become a rapidly growing issue, leading to
financial losses and mental health challenges. In Malaysia,
online gambling is regulated under progressive Islamic law
which focuses on social justice, while Indonesia struggles with
weak enforcement despite existing regulations. This study
discusses three main parts: first, current online gambling
regulation in Indonesia and Malaysia; second, Malaysia’s
progressive legal experience as a blueprint for Indonesia; and
third, social justice and SDGs-based online gambling regulation
for Muslim-majority countries. A qualitative approach,
Author correspondence email: endingsolehudin@uinsgd.ac.id
Available online at: http://ejournal.iainmadura.ac.id/index.php/alihkam/
Copyright (c) 2025 by Al-Ihkam, Jurnal Hukum dan Pranata Sosial

Ending Solehudin, et al.

including case studies, in-depth interviews with legal experts,
and document analysis in both countries, was employed. The
findings show that Malaysia’s implementation of progressive
Islamic law has been effective in managing online gambling,
promoting social justice, and reducing financial and mental
health impacts. In contrast, weak law enforcement in Indonesia
exacerbates the social issues related to online gambling. The
research concludes that Malaysia’s approach has successfully
regulated online gambling and supported SDG achievement.
Therefore, Indonesia should consider adopting more
progressive Islamic legal principles to enhance law enforcement
and reduce the social harms of online gambling.

Keywords:

Progressive Islamic Law; Online Gambling; Social Justice;
SDGs Indonesia and Malaysia

Introduction
Online gambling has become an increasingly complex social
issue in many countries, including Indonesia and Malaysia. This
phenomenon not only causes financial losses for individuals and
families but also negatively impacts mental health, exacerbates social
inequality, and disrupts broader social structures. In Indonesia,
despite a legal ban on online gambling, weak law enforcement and
limited resources for monitoring these activities have allowed online
gambling to thrive, creating social injustices and economic
disparities.1 Meanwhile, Malaysia has adopted a Progressive Islamic
Law approach to regulate online gambling, integrating Sharia
principles aiming at balancing religious law with social justice in a
modern context.2 Progressive Law, as described by Satjipto Rahardjo,3
1 Reza Ditya Kesuma, “Penegakan Hukum Perjudian Online di Indonesia:
Tantangan dan Solusi,” Journal Exact: Journal of Excellent Academic Community 1, no. 1
(2023): 34–52, https://ejournal.uin-suka.ac.id/tarbiyah/exact/article/view/8128;
Lewiandy, Ariawan Gunadi, and Evan Tjoa Putra, “The Prohibition of Online
Gambling in Indonesia: A Law and Economic Analysis,” Indonesia Law Review 14, no.
2 (2024): 1–22, https://doi.org/10.15742/ilrev.v14n2.1.
2 Yeni Salma Barlinti, “Harmonization of Islamic Law in National Legal
System: A Comparative Study Between Indonesia Law and Malaysian Law,”
Indonesia Law Review 1, no. 1 (2011), https://doi.org/10.15742/ilrev.v1n1.95; Meichio
Lesmana et al., “Integrating Islamic Finance Principles and the Digital Disruptive Age

2

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

emphasizes social justice, human welfare, and adaptability to
contemporary challenges, such as online gambling.
In Indonesia, online gambling is deemed illegal under several
regulations, including the Electronic Information and Transactions
Law (Article 27 paragraph (2) of Law Number 19 of 2016 concerning
Electronic Information and Transactions and the Criminal Code
(Article 426 paragraph (1) of Law of the Republic of Indonesia
Number 1 of 2023 concerning the Criminal Code). However, law
enforcement often faces challenges.4 The challenges in enforcing laws
against online gambling in Indonesia include a lack of resources and
infrastructure to monitor and enforce regulations effectively.5 Online
gambling often involves platforms based overseas, making it difficult
for Indonesian authorities to reach and regulate them.6 The anonymity
of online gambling participants complicates the identification of both
users and operators.7 Additionally, there is insufficient coordination
among relevant government agencies which hinders a coordinated
response.8 The rapid development of new technologies and platforms

to Support Global Sustainability,” International Journal of Advanced Research in
Economics and Finance 6, no. 2 (2024): 204–16, https://doi.org/10.26740/aluqud.v8n2.p175-188; Zharezky Yoga Pratama and Narandra Adhika Rizaldi, “Taxing
Online Gambling in Indonesia: A Legal Perspective on its Realization and Functions,”
Jurnal Informasi, Perpajakan, Akuntansi, dan Keuangan Publik 20, no. 1 (2025): 49–68,
https://doi.org/10.25105/jipak.v20i1.21635.
3 Satjipto Rahardjo, Hukum Progresif: Sebuah Sintesa Hukum Indonesia
(Yogyakarta: Genta Pub, 2009), 258.
4 Mohammad Fuad et al., “Family Firms and the Mixed Gamble Perspective in
Cross-Border Acquisitions: A Study of Indian Firms,” International Business Review 33,
no. 1 (2024): 102205, https://doi.org/https://doi.org/10.1016/j.ibusrev.2023.102205.
5 Haryo Cokronegoro and Handoyo Prasetyo, “Optimizing Law Enforcement
in the Case of Online Gambling Promoters/Endorsements,” Media Luris 8, no. 1
(2025): 73–94, https://doi.org/10.20473/mi.v8i1.59348.
6 Alif Rifqi Subhan and Sukardi, “Identifying Factors and Criminal Law
Enforcement on Online Gambling: An Empirical Study,” Contemporary Issues in
Criminal Law 1, no. 1 (2024): 1–18, https://doi.org/10.20885/CICL.vol1.iss1.art1.
7 Michela Ghelfi et al., “Online Gambling: A Systematic Review of Risk and
Protective Factors in the Adult Population,” Journal of Gambling Studies 40, no. 2
(2024): 673–99, https://doi.org/10.1007/s10899-023-10258-3.
8 F. N. Abdeen et al., “Challenges in Multi-Agency Collaboration in Disaster
Management: A Sri Lankan Perspective,” International Journal of Disaster Risk
Reduction 62 (2021): 102399, https://doi.org/10.1016/j.ijdrr.2021.102399.

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Ending Solehudin, et al.

makes it challenging to track and control online gambling activities.9
Finally, there is a lack of public awareness regarding the risks and
illegality of online gambling which further exacerbates the problem.10
These challenges collectively hinder the effective enforcement of laws
in the country. In contrast, Malaysia regulates online gambling strictly
through a combination of Sharia law and positive law, especially in
states like Kelantan and Terengganu where Sharia law is directly
implemented.11
Previous studies have explored various aspects of Islamic law
and its application to different societal issues, some of which are
highly relevant to this research on regulating online gambling. For
example, research by Solihah discusses how Sharia principles, such as
Maqāṣid Syarī’ah, can be applied in economic policies to promote social
justice which is directly relevant to online gambling regulation.12
Similarly, Qotadah et al. examined the application of Sharia for public
welfare,13 offering a foundation for evaluating policies that balance
social justice and economic goals in the context of online gambling.
Additionally, studies like those by Novita et al. on Islamic
transactional principles provide important perspectives on how
ethical guidelines can shape fair and socially responsible policies for
gambling regulations.14 Another research by Harahap et al. on Islamic
9 Che Hui Lin and Chih Hung Shiha, “A Case Study on the Online Gambling
Industry in Taiwan,” Procedia Computer Science 246 (2024): 4552–62,
https://doi.org/10.1016/j.procs.2024.09.305.
10 Apolos Igomu, Andi Muliyono, and Alice Ance Bonggoibo, “Online
Gambling: A Tantalizing Game with Risks that Drain Fortunes and Futures,” Sinergi
International
Journal
of
Law
2,
no.
3
(2024):
261–73,
https://doi.org/10.61194/law.v2i3.199.
11 Jessie Poon et al., “The Role of Skills in Islamic Financial Innovation:
Evidence from Bahrain and Malaysia,” Journal of Open Innovation: Technology, Market,
and Complexity 6, no. 3 (2020): 47, https://doi.org/10.3390/joitmc6030047.
12 Mar’atus Solihah, Syafruddin Syam, and Hafsah, “The Punishments for
Online Gambling According to Islamic Mass Ulama,” Law Development Journal 5, no.
225 (2023): 553–63, https://doi.org/10.30659/ldj.5.4.553-563.
13 Hudzaifah Achmad Qotadah et al., “Cultured Meat for Indonesian Muslim
Communities: A Review of Maslahah and Prospect,” Al-Istinbath: Jurnal Hukum Islam
7, no. 2 (2022): 329–46, https://doi.org/10.29240/jhi.v7i2.5476.
14 Dwi Novita, Luthfi El-Falahi, and Haris Maiza Putra, “Khiyar in Buying and
Selling Online Based on the Fiqh Perspective,” Al-Istinbath: Jurnal Hukum Islam 7, no. 2
(2022): 363–80, https://doi.org/10.29240/jhi.v7i2.5232; Nanang Naisabur et al., “The
Prohibition of Social E-Commerce on TikTok Shop: A Fiqh Examination Based on
Sharia Compliance and Economic Justice,” Al-Manahij: Jurnal Kajian Hukum Islam 18,

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

values for public policy can also guide the development of regulations
that prioritize the welfare of society, helping to integrate Islamic
principles into gambling policies for social good.15 These studies,
along with others focusing on Sharia law and social welfare,16
contribute significantly to understanding how Islamic legal principles
can be applied to regulate online gambling, promote social justice,
and support the achievement of the SDGs.17
This current study focuses on the application of Sharia law to
social issues, emphasizing the application of Progressive Islamic Law
in the context of online gambling. The law is known to focus not only
on prohibition but also on rehabilitation, public awareness, and its
contribution to the achievement of the Sustainable Development
Goals (SDGs). The novelty of this study therefore lies in its
comprehensive approach, combining Sharia principles with practical
solutions to the problem of online gambling in Indonesia and
Malaysia as well as its impact on social justice and the SDGs. This
study discusses three main parts: first, current online gambling
regulation in Indonesia and Malaysia; second, Malaysia’s progressive
no. 1 (2024): 59–78, https://doi.org/10.24090/mnh.v18i1.9674; Haris Maiza Putra et
al., “Building Culture of Islamic Laws: Synergy of Pentahelix and Circle-Equity in
Halal Certification,” Petita: Jurnal Kajian Ilmu Hukum dan Syariah 9, no. 2 (2024): 478–
95, https://doi.org/10.22373/petita.v9i2.305.
15 Arifuddin Muda Harahap et al., “Challenges and Problems in Labour Law
From the Perspectives of Indonesia and Malaysia,” Malaysian Journal of Syariah and
Law 12, no. 3 (2024): 535–49, https://doi.org/10.33102/mjsl.vol12no3.1037; Hisam
Ahyani, Haris Maiza Putra, and Aji Sofanudin, “Birrul Walidain in Political
Preferences: Harmonizing Family Values and Employment Law in Indonesia,” ElUsrah 7, no. 2 (2024): 923–45, https://doi.org/10.22373/ujhk.v7i2.22982.
16 Bani Syarif Maula and Ilyya Muhsin, “Interfaith Marriage and the Religion–
State Relationship: Debates between Human Rights Basis and Religious Precepts,”
Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 2 (2024): 791–820,
https://doi.org/10.22373/sjhk.v8i2.19479; Ahmad Siboy et al., “Legal Social Justice in
Appointment Non-Definitive Regional Heads toward Welfare State,” Bestuur 11, no. 1
(2023): 144–70, https://doi.org/10.20961/bestuur.v11i1.71055; Abdulahanaa, “A
Review of Islamic Economic Law on Religious Tourism Arrangements in South
Sulawesi,” Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 1 (2021): 450–70,
https://doi.org/10.22373/sjhk.v5i1.9088.
17 Hisam Ahyani et al., “Enhancing the Legal Protection of Waqf Assets in
Banjar City, West Java, Through Land Registration and Regulatory Awareness To
Support the Achievement of Sustainable Development Goals (SDGs),” Journal of
Lifestyle and SDG’S Review 5, no. 2 (2025): 1–18, https://doi.org/10.47172/2965730X.SDGsReview.v5.n02.pe03989.

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Ending Solehudin, et al.

legal experience as a blueprint for Indonesia; and third, social justice
and SDGs-based online gambling regulation for Muslim-majority
countries.
Methods
This study uses a qualitative approach with a case study
methodology to explore the application of progressive Islamic law in
regulating online gambling and its impact on social justice and the
SDGs in Indonesia and Malaysia.18 Data were collected through a
literature review, including books, articles, and policy documents, as
well as an analysis of documents related to applicable regulations.
Informants, such as legal experts and academics, were selected
through purposive sampling. Interviews were conducted with
experts, government officials, and practitioners to explore their views
on the challenges and existing policies. Case analysis and thematic
analysis were also used to assess the effectiveness of Sharia law in
regulating online gambling. This approach provides a comprehensive
understanding of how Islamic law contributes to regulating online
gambling and achieving the SDGs in both countries.
Result and Discussion
Online Gambling Regulation in Indonesia and Malaysia
Online gambling regulation has become a significant concern
in many countries, including Indonesia and Malaysia, due to the
increasing accessibility and popularity of gambling platforms. Both
nations have distinct legal frameworks and approaches to online
gambling, which are influenced by their cultural, religious, and
societal values. In particular, the integration of Sharia law into the
regulatory frameworks of both countries has shaped their legal stance
on gambling. This section provides a comparative overview of the
current online gambling regulations in Indonesia and Malaysia,
highlighting the differences and challenges faced by each country in
their efforts to regulate online gambling activities.

18 Matthew Mitchell, “Analyzing the Law Qualitatively,” Qualitative Research
Journal 23, no. 1 (2022): 102–13, https://doi.org/10.1108/QRJ-04-2022-0061.

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

Aspect
Legal
Framework

Indonesia
1974 Gambling
bans gambling.

Malaysia
Law Gambling Act of 1953
prohibits all forms of
gambling,
including
online.
Sharia
Law Sharia law is gradually Sharia law is deeply
Integration
applied
to
online integrated
into
the
gambling regulation.
Gambling Act, deeming
gambling ḥarām.
Regulatory
Inconsistent
Strict enforcement, but
Challenges
enforcement of Sharia challenges with illegal
law.
platforms abroad.
Government
Proposing zakāt for Use
of
blocking
Approach
education, support for websites, AI monitoring,
addicts, and social and public education.
welfare.
Technological
Faces challenges due to AI-based monitoring to
Tools
advanced
gambling block illegal sites.
platforms.
Social
Welfare Zakāt for education Public education and
Programs
and
rehabilitation workshops
for
programs.
vulnerable groups.
Public
Limited
social Public
education
Engagement and acceptance of Sharia campaigns
targeting
Education
regulations.
youth and vulnerable
groups.
Enforcement
Over
8
million Arrested 27 influencers
Success (2024)
Indonesians
are promoting
online
involved in online gambling in 2024.
gambling.
Key Challenges
Lack
of
legal Rise of illegal platforms
infrastructure
for abroad and political
online gambling.
resistance to licensing.
This table highlights the differences between Indonesia and
Malaysia in terms of addressing online gambling. Both countries
apply Islamic law to regulate gambling, with Indonesia using zakāt for
education and rehabilitation, while Malaysia integrates Sharia law

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Ending Solehudin, et al.

into its legal framework. Malaysia has implemented strict
enforcement with AI monitoring and public education campaigns,
whereas Indonesia faces inconsistent enforcement. Despite those
efforts, Indonesia struggles with over 8 million gamblers, while
Malaysia successfully arrested influencers promoting gambling. Both
countries aim to reduce gambling's social and economic harms, but
their approaches vary in legal integration, enforcement, and public
engagement.19 Zakāt, a form of almsgiving, can be directed to
education about the dangers of gambling, psychological support for
addicts, and social welfare programs to address the root causes of
gambling. These efforts reflect a broader strategy to reduce the social
harms of gambling, with zakāt playing a central role in addressing
public welfare and promoting justice.20
In Malaysia, Sharia law has been deeply integrated into the
regulation of gambling, particularly online gambling, through the
Gambling Act of 1953. The Act prohibits all forms of gambling, both
online and offline, aligning with Islamic law, which deems gambling
ḥarām (forbidden). Dr. N.I.M.A., a Senior Lecturer at Universiti
Kebangsaan Malaysia, notes:
"This prohibition aligns with Sharia law, which deems
gambling ḥarām in all forms, whether online or offline."21

19 Humas BAZNAS Republik Indonesia, “Berantas Judi Online di Indonesia,

BAZNAS Dorong Optimalisasi Pemanfaatan Zakat,” BAZNAS, July 3, 2024,
https://baznas.go.id/newsshow/Berantas_Judi_Online_di_Indonesia,_BAZNAS_Dorong_Optimalisasi_Pemanf
aatan_Zakat/2316.
20 M. Fuad Nasar, “Ekonomi Zakat dan Penguatan Larangan Judi,”
Kementerian
Agama
Republik
Indonesia,
July
2,
2024,
https://kemenag.go.id/kolom/ekonomi-zakat-dan-penguatan-larangan-judiMxsQp; Aris Bintania, Ramandha Rudwi Hantoro, and Muslena Layla, “The
Relationship of Muzakki To Increasing Individual Welfare: Analysis At Baznas
Tanjungpinang City,” Jurnal Ilmiah Peuradeun 12, no. 1 (2024): 355–76,
https://doi.org/10.26811/peuradeun.v12i1.1037; Rusli, Muhammad Syarif Hasyim,
and Nurdin, “A New Islamic Knowledge Production and Fatwa Rulings How
Indonesia’s Young Muslim Scholars Interact with Online Sources,” Journal of
Indonesian Islam 14, no. 2 (2020): 499–518, https://doi.org/10.15642/JIIS.2020.14.2.499518.
21 N.I.M.A, A Senior Lecturer at the Center for Sharia Studies, Faculty of
Islamic Studies, National University of Malaysia (UKM), Interview, 2024.

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

Malaysia has adopted strict measures, including the closure of
illegal gambling websites, AI-based monitoring systems, and public
education campaigns to raise awareness about gambling’s dangers. In
2024, Malaysia arrested 27 influencers for promoting online gambling,
demonstrating the government's commitment to combating the issue
through legal measures, technology, and education.22
In Indonesia, the implementation of Sharia law to regulate
online gambling is challenging due to inconsistent enforcement and
technological issues. Although gambling is banned under the 1974
Gambling Law, many online platforms operate beyond Indonesia’s
legal reach. Dr. M.H., an expert in Islamic economic law, suggests that
a gradual application of Sharia law is necessary due to the
complexities of regulating digital gambling. He states:
"Sharia law can be comprehensively applied to online
gambling in Indonesia, but it should be done gradually,
considering constraints such as resources and the
technological sophistication of gambling platforms." 23
Furthermore, Dr. D.A., a legal expert from Darussalam
University, highlighted two challenges, namely the lack of social
acceptance of Sharia-based regulations and inadequate legal
infrastructure to manage online gambling.24 Despite the government’s
efforts to block millions of gambling-related websites, the rapid
growth of digital gambling continues to outpace regulatory measures.

22 Farid Zolkepli, “27 Influencers Arrested for Allegedly Promoting Illegal
Online Gambling Sites, Says Bukit Aman CID Director,” The Star, June 14, 2024,
https://www.thestar.com.my/news/nation/2024/06/14/27-influencers-arrestedfor-allegedly-promoting-illegal-online-gambling-sites-says-bukit-aman-ccid-director;
Ed, “Malaysia Police Arrest 27 Influencers for Allegedly Promoting Illegal Online
Gambling
Sites,”
The
Straits
Times,
June
14,
2024,
https://www.straitstimes.com/asia/se-asia/malaysia-police-arrest-27-influencersfor-allegedly-promoting-illegal-online-gambling-sites; Ed, “27 Social Media
Influencers Arrested for Promoting Online Gambling,” The Sun, June 14, 2024,
https://thesun.my/malaysia-news/27-social-media-influencers-arrested-forpromoting-online-gambling-MB12578712.
23 M.H, Assistant Professor at the Faqih Asy’ari Islamic Institute in Kediri,
Indonesia, Interview, 2024.
24 D.A, Assistant Professor at Darussalam University Ciamis, Indonesia,
Interview, 2024.

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In 2024, over 8 million Indonesians were involved in online
gambling, resulting in significant financial losses.25 Dr. M.H. suggests
strengthening Indonesia's legal infrastructure and incorporating
maṣlaḥah (public welfare) in anti-gambling initiatives. He believes that
a combination of legal reforms, public awareness campaigns, and
rehabilitative measures, such as counseling for gambling addicts,
could address the issue effectively. Integrating zakāt into antigambling programs would further support these efforts.26
Although Malaysia's regulatory framework has made
significant progress, the country faces key challenges in controlling
illegal gambling platforms, particularly those operating overseas, as
well as political resistance to the licensing system for online gambling
operators. The Gambling Act of 1953, which prohibits gambling in all
forms, has been enforced through strict measures, including blocking
gambling websites and implementing AI-based monitoring systems.
Public education campaigns have helped raise awareness about
gambling’s dangers. Dr. N.I.M.A. underscores the importance of
public education and legal measures, stating that the government’s
strict stance on gambling is part of a broader strategy to protect
society.
Despite progress, illegal gambling platforms operating abroad
remain a challenge. The Malaysian government has proposed a
licensing system for online gambling operators to create a more
consistent regulatory framework, but this has faced resistance due to
political and social factors. The government has also been addressing
emerging threats such as AI-generated scams and the vulnerability of
marginalized communities, including the Orang Asli, to online
gambling. The Communications Minister, Fahmi Fadzil, has
emphasized the importance of online safety education, particularly in
schools, to safeguard vulnerable groups. These initiatives, including

25 Ed, “Sinergi Membatasi Ruang Gerak Pelaku Judi Online,” Komdigi,
December
16,
2024,
https://www.komdigi.go.id/berita/ekonomidigital/detail/sinergi-membatasi-ruang-gerak-pelaku-judi-online.
26 Jonathan Pandapotan Purba, “Menkomdigi Meutya Hafid: Berantas Judi
Online Tidak Cukup dengan Teknologi,” Liputan6, June 4, 2024,
https://www.liputan6.com/news/read/5863791/menkomdigi-meutya-hafidberantas-judi-online-tidak-cukup-dengan-teknologi.

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

workshops with social media platforms, aim to reduce harm and
increase public awareness.27
In both Indonesia and Malaysia, integrating Maqāṣid Syarī’ah
into regulatory frameworks could offer a more comprehensive
solution to the problem of online gambling. By focusing on public
welfare and social justice, Islamic legal principles could guide the
development of laws that not only prohibit gambling but also provide
rehabilitation and support for affected individuals. In Indonesia, a
gradual application of Sharia law, combined with community
education and technological tools, could help address the growing
issue of online gambling. In Malaysia, Sharia law has already been
integrated with strict legal measures, such as blocking illegal websites,
and continues to play a central role in the country’s efforts to combat
gambling.
In conclusion, while both Indonesia and Malaysia have made
progress in regulating online gambling through the application of
Islamic law, challenges remain. By continuing to focus on Maqāṣid
Syarī’ah which prioritizes public welfare, both countries can enhance
their regulatory frameworks. Further collaboration between
governments, civil society, and the private sector, along with
technological advancements, could strengthen efforts to create a safer
online environment and minimize the social harms of gambling.
Malaysia's Progressive Law Experience as a Blueprint for Indonesia
The regulation of online gambling in Malaysia based on Sharia
law has had a significant impact on social justice and provides
valuable insights for Indonesia. Malaysia's approach, which integrates
Sharia law with strict legal frameworks, proactive policies, and social
support systems, has been effective in reducing online gambling
activities. This model could serve as a reference for Indonesia, which
continues to face the challenge of online gambling.28

27 Ed, “MCMC Receives 4,699 Requests To Remove Online Gambling, Scam
Content-Fahmi,”
Bernama,
January
7,
2025,
https://www.bernama.com/en/news.php?id=2379959.
28 Ainuni Rahmita, “Tindak Tegas Pelaku Judi Online, Indonesia Perlu Belajar
dengan 3 Negara Ini!,” VIVA: News and Insight, June 19, 2024,
https://www.viva.co.id/berita/nasional/1724520-tindak-tegas-pelaku-judi-onlineindonesia-perlu-belajar-dengan-3-negara-ini.

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Malaysia limits licensed gambling to Resorts World Genting.
This is based on the Gambling Act 1953 which regulates gambling to
reduce negative social impacts. Along with the regulation, the
Malaysian Communications and Multimedia Commission (MCMC)
has a significant role to play in combating illegal online gambling. As
a government agency, the MCMC is responsible for overseeing the
communications and multimedia industry in Malaysia. Its efforts
include monitoring and blocking gambling sites, as well as enforcing
laws related to internet use to protect the public from the risks of
online gambling.29 Between 2020 and 2022, MCMC blocked over 6,000
illegal gambling websites as part of its efforts to curb online
gambling.30 However, the rapid growth of unlicensed online
gambling platforms, many of which operate from overseas, remains a
challenge due to enforcement difficulties. Dr. N.I.M.A., an Islamic law
expert from Universiti Kebangsaan Malaysia (UKM), explained:
"This regulation improves social justice by blocking
illegal gambling sites, imposing penalties, and aligning
with Islamic principles protecting society." 31
Malaysia’s approach has not only relied on law enforcement
but also involved public education and rehabilitation programs to
help individuals affected by gambling addiction.32 The Malaysian
government has introduced various preventive measures to reduce
the negative impacts of gambling through public education programs
that involve schools and communities, as well as providing
rehabilitation services for those trapped in gambling addiction.33
29 Wahyu Arifin, “Kasino di Negara Islam, Negara Arab Perlu Belajar dari
Malaysia,” Context.Id, October 11, 2024, https://context.id/read/2472/kasino-dinegara-islam%2C-negara-arab-perlu-belajar-dari-malaysia.
30 Melynda Dwi Puspita, “Tak Hanya Indonesia, Ini 9 Negara Yang Melarang
Judi Online,” Tempo, August 20, 2023, https://www.tempo.co/internasional/takhanya-indonesia-ini-9-negara-yang-melarang-judi-online-154034.
31 N.I.M.A, Senior Lecturer at the Center for Sharia Studies, Faculty of Islamic
Studies, National University of Malaysia (UKM), Interview, 2024.
32 Igomu, Muliyono, and Bonggoibo, “Online Gambling: A Tantalizing Game
with Risks that Drain Fortunes and Futures.”
33 Jasmine M. Y. Loo and Kai Lit Phua, “Gambling Participation and Policies in
Malaysia,” Asian Journal of Gambling Issues and Public Health 6, no. 1 (2016): 1–13,
https://doi.org/10.1186/s40405-016-0012-1.

12

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

In contrast, Indonesia faces greater challenges in regulating
online gambling, despite having regulations such as Law No. 1 of
2024 concerning Information and Electronic Transactions (ITE).
According to this law, online gambling is regulated under Articles 27
and 45, which threaten perpetrators with up to 10 years in prison
and/or fines of up to IDR 10 billion. However, weak law enforcement
has led to the uncontrolled growth of online gambling. Many online
gambling platforms operate without permits, often originating from
overseas, making it difficult for law enforcement to reach them. Dr.
A.M.H., an Islamic law expert from the State Islamic University of
North Sumatra, commented on this issue:
"Indonesia struggles with enforcing online gambling
laws despite existing regulations. In contrast, Malaysia
has successfully reduced gambling through stricter
enforcement and a Sharia-based approach." 34
In this context, Indonesia could also consider implementing
progressive Islamic law principles, particularly Maqāṣid Syarī’ah,
which prioritizes community welfare and social justice. One
controversial proposal was put forward by former Coordinating
Minister for Human Development and Culture, Muhadjir Effendy, in
2020, suggesting that "victims" of online gambling be provided with
social assistance.35 While well-intentioned, this approach does not
fully address the root causes of the increasing prevalence of online
gambling. Dr. M.Y.A., an Islamic law expert from Universiti
Kebangsaan Malaysia, emphasized:
"The focus on regulatory action in Malaysia has created
a deterrent effect for online gambling. Indonesia could

34 A.M.H, Associate Professor at the State Islamic University of North Sumatra,
Indonesia, Interview, 2024.
35 Novianti Setuningsih, “Muhadjir: Pelaku Judi ‘Online’ Dihukum, Penerima
Bansos
Itu
Anggota
Keluarganya,”
Kompas,
June
17,
2024,
https://nasional.kompas.com/read/2024/06/17/13111791/muhadjir-pelaku-judionline-dihukum-penerima-bansos-itu-anggota-keluarganya.

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Ending Solehudin, et al.

learn from similar laws and regulations to create a sense
of responsibility among online gamblers." 36
The principle of maṣlaḥah (public welfare) in Islamic law could
help strengthen Indonesia's regulatory framework. Dr. M.S.H., an
Islamic law expert, noted that applying the maṣlaḥah principle could
enhance Indonesia’s regulation of online gambling by integrating
prevention, rehabilitation, and stricter law enforcement.
"In Indonesia, applying the maṣlaḥah principle in
regulating online gambling will be more effective if it is
tailored to local cultural values and community norms."
37

Dr. D.P., an Islamic law expert from Imam Ghazali University,
stressed the importance of a more progressive approach to tackle
online gambling. He stated:
"The principle of maṣlaḥah offers a more adaptive and
effective approach to bridging gaps in gambling
regulations. Indonesia could benefit from learning from
Malaysia, which successfully blocked over 6,000 illegal
online gambling sites through more proactive
enforcement." 38
A more progressive approach in Islamic law does not only
focus on prohibition or punishment but also emphasizes efforts to
repair the condition of individuals affected by gambling. Through
educational programs, rehabilitation, and stricter law enforcement,
Indonesia can build a more holistic and adaptive policy to address the
social impacts of online gambling. Dr. O.R., an Islamic law expert at
Bandung Islamic University, explained the importance of integrating
prevention and rehabilitation strategies in tackling online gambling:

36 M.Y.A, Senior Lecturer at the Center for Sharia Studies, Faculty of Islamic
Studies, National University of Malaysia (UKM), Interview, 2024.
37 M.S.H, Assistant Professor from Banjar City, Indonesia, Interview, 2024.
38 D.P, Assistant Professor at Universitas Nahdlatul Ulama Al Ghazali Cilacap,
Indonesia, Interview, 2024.

14

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

"Incorporating rehabilitation and prevention strategies is
essential for Indonesia's approach to online gambling. The
maṣlaḥah principle can motivate the government to invest
more in supporting individuals affected by gambling
addiction." 39
By considering a more holistic policy approach, Indonesia can
create a regulatory framework that not only reduces the prevalence of
online gambling but also mitigates its impacts on individuals,
families, and society at large. This approach will support the broader
goal of inclusive and sustainable social justice.
In conclusion, Malaysia's implementation of progressive
Islamic law provides valuable insights for Indonesia in addressing
online gambling. Through effective law enforcement, public
education, and rehabilitation, Malaysia has reduced online gambling
while promoting social justice. Indonesia can adopt similar measures
based on Maqāṣid Syarī’ah (goals of Islamic law) and maṣlaḥah (public
welfare) principles to create a more effective regulatory framework.
These principles emphasize public welfare, justice, and the protection
of societal well-being, guiding policies that balance legal enforcement
with rehabilitation and prevention strategies to ensure a holistic
approach to online gambling regulation.
Sharia-Based Regulations: Supporting Sustainable Development
Goals in Indonesia and Malaysia through Online Gambling
Prevention and Rehabilitation
Sharia-based regulations in Indonesia and Malaysia play a
critical role in advancing the United Nations' Sustainable
Development Goals (SDGs), particularly in poverty reduction, health
and well-being, reducing inequalities, as well as promoting peace and
justice. These regulations adopt a holistic approach to addressing the
social, economic, and health impacts of online gambling by
integrating legal measures, public education, and rehabilitation
efforts.

39 O.R, Associate Professor at the Islamic University of Bandung, Indonesia,
Interview, 2024.

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Ending Solehudin, et al.

In Malaysia, Sharia law has made significant strides in
reducing the economic losses caused by gambling while promoting
poverty alleviation through strict regulations and public awareness
campaigns. The government focuses on banning online gambling and
offering rehabilitation services to those affected, in alignment with
SDG 1: No Poverty. Dr. Z.R., an Islamic law expert at the International
Islamic University Malaysia, explains that Sharia regulations address
both the economic and social consequences of gambling.
"Sharia regulations in Malaysia tackle both the economic
and social impacts of gambling, including poverty.
Educational programs are implemented to raise
awareness about the negative effects of gambling on
individual financial well-being and the community." 40
This approach underscores that Sharia-based regulations not
only prohibit gambling but also reduce poverty by educating the
public about its financial and social consequences. By raising
awareness, the government helps individuals avoid falling into debt,
breaking free from gambling addiction, and mitigating its social
impacts. The regulations also highlight the importance of family
stability, reducing crime, promoting social dependency, contributing
to long-term poverty alleviation and improving quality of life.
Indonesia, similar to Malaysia, could benefit from
strengthening Sharia-based online gambling regulations to support
SDG 1 by reducing gambling's economic impacts. Indonesia could
adopt the maṣlaḥah principle, which prioritizes public welfare, to
introduce rehabilitation centers and social assistance programs for
those affected by gambling addiction. Furthermore, the General Chair
of the Indonesian Ulema Council (MUI) Anwar Abbas highlighted the
severe social and economic impacts of online gambling on families
and society.
"The social and economic impacts of online gambling
are severe, affecting families and communities, leading
to poverty and instability. Urgent action is needed
40 Z.R, Associate Professor at the SInternational Islamic University (IIUM)
Malaysia, Interview, 2024.

16

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

through comprehensive rehabilitation and social
assistance programs to address this issue collectively."41
From the explanation above, it is evident that online gambling
causes family breakdown, economic instability, and worsens poverty,
as victims are often in debt. He advocates a comprehensive
rehabilitation and social assistance program to address this problem,
emphasizing that collaborative efforts between government,
communities, and social institutions are essential to reduce the
negative impacts of gambling. Such programs can help reduce
poverty and offer essential support for recovery.
Both Malaysia and Indonesia are addressing the health risks
associated with gambling addiction in alignment with SDG 3 on Good
Health and Well-being. In Malaysia, Shariah-based policies play a
significant role in reducing gambling addiction. These policies focus
on rehabilitation programs and mental health services to help
individuals affected by addiction recover and reintegrate into society.
Dr. A.M., a public health specialist at the University of Malaya,
emphasizes the importance of Shariah-based policies in addressing
the negative health impacts of gambling by focusing on rehabilitation
and psychological support. This approach, which prioritizes public
welfare, shows how policies that are sensitive to cultural and religious
norms can provide an effective solution to the social and health
consequences of gambling. Relating to this, an excerpt reveals as
follow:
"Sharia-based policies in Malaysia have effectively
reduced the health impacts of gambling by prioritizing
rehabilitation and psychological support, addressing
addiction and improving public well-being."42

41 Persyarikatan Muhammadiyah, “Anwar Abbas Calls for a National Effort to
End Online Gambling’s Destructive Cycle,” En.Muhammadiyah, November 8, 2024,
https://en.muhammadiyah.or.id/anwar-abbas-calls-for-a-national-effort-to-endonline-gamblings-destructive-cycle/; Pmg, “Anwar Abbas: Fatwa MUI Haramkan
Salam Lintas Agama untuk Jaga Akidah,” CNN Indonesia, June 13, 2024,
https://www.cnnindonesia.com/nasional/20240613100405-20-1109289/anwarabbas-fatwa-mui-haramkan-salam-lintas-agama-untuk-jaga-akidah.
42 A.M, Public Health Specialist and Lecturer at the University of Malaya,
Malaysia, Interview, 2024.

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Ending Solehudin, et al.

Dr. A.M. explains that these policies have led to a reduction in
gambling addiction and associated health issues. By focusing on
rehabilitation and mental health services, Malaysia has created a
healthier environment and reduced the public health burden of
gambling. These programs not only help individuals recovered but
also improve social outcomes and stability. Indonesia has also
initiated efforts to raise awareness about the dangers of online
gambling. The Ministry of Communication and Informatics
(Kemenkominfo) launched the "Stay Anti Online Gambling"
campaign to educate the public about the risks of gambling and
promote digital literacy, which could prevent addiction.43
For SDG 10: Reduced Inequalities, Sharia-based regulations in
Malaysia reduce social inequality by decreasing gambling's role as a
source of income and improving access to information. Many lowincome communities are targeted by gambling operators. Malaysia’s
strict regulations, combined with public education, empower
vulnerable communities by raising awareness about the risks of
gambling.
Dr. A.M. from the University of Malaya emphasizes the role of
Shariah-based policies in addressing gambling's health impacts,
focusing on rehabilitation and psychological support to reduce
addiction. Meanwhile, Dr. E.T.R. from a State Islamic University in
Indonesia highlights the importance of combining legal measures and
education to reduce inequality, particularly protecting vulnerable
communities targeted by gambling operators. Both experts agree on
the need for comprehensive solutions but differ in their focus on
health and rehabilitation versus legal and educational protection. Dr.
E.T.R., a senior Islamic law researcher at the State Islamic University
Sunan Gunung Djati Bandung, Indonesia, notes that combining legal
protection and education is key to reducing inequality.

Danang Suryo, “Kominfo Luncurkan Portal ‘Bersama Stop Judi Online’,
Isinya Hotline, Buklet, Hingga Iklan Layanan,” Kompas, July 4, 2024,
https://www.kompas.tv/nasional/519708/kominfo-luncurkan-portal-bersama-stopjudi-online-isinya-hotline-buklet-hingga-iklan-layanan.
43

18

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

"Malaysia’s regulations combine legal measures and
education to reduce inequality, empowering vulnerable
groups with knowledge and protection."44
Dr. E.T.R. highlights that Malaysia's approach to gambling
regulation, particularly through its Shariah-based laws, has played a
pivotal role in addressing the social risks associated with gambling.
By offering legal protection and raising public awareness about the
dangers of gambling, especially among lower-income communities,
this approach has been effective in mitigating the negative social
impact of gambling. The integrated framework, which includes
prevention, rehabilitation, and law enforcement, has contributed to a
significant reduction in gambling-related harm and improved the
overall quality of life for these communities. Moreover, Malaysia’s
commitment to Shariah law has also strengthened the legal system,
ensuring better enforcement of gambling-related regulations. This
approach aligns with SDG 16, which focuses on promoting peace,
justice, and strong institutions by tackling illegal gambling activities
and reducing related crimes.
In Indonesia, there is ongoing discussion about integrating
Shariah principles into the legal framework to enhance law
enforcement and promote social justice. A key aspect of this reform is
using zakāt, an Islamic welfare tax, to address online gambling. Zakāt
could fund educational initiatives, provide counseling services, and
offer financial aid to those affected by gambling addiction,
contributing to rehabilitation and community stability.45 This
44 E.T.R, Lecturer and Senior Researcher with the rank of associate professor
(Senior Lecturer) at the Sunan Gunung Djati State Islamic University, Indonesia,
Interview, 2024.
45 Salim Bouzekouk and Fadillah Mansor, “The Influence of Religiosity on
Muslim Women’s Selection of Fund Providers in Malaysia,” Journal of Risk and
Financial Management 18, no. 3 (2025): 1–23, https://doi.org/10.3390/jrfm18030123;
Arif Riansyah, “The Influence of Financial Deepening in Sharia Banking and NonBanking Sectors on Economic Growth in Indonesia,” Jurnal Ilmiah Peuradeun 13, no. 1
(2023): 147–58, https://doi.org/10.26811/peuradeun.v13i1.1418; Abbas and
Murziqin, “Sharia-Based Regional Regulations in the Indonesian National Law
System”; Subhan M.A. Rachman and Fuad Rahman, “The Dynamic of Malay Islamic
Law: The Rise and Practices of Adat Bersendi Syarak, Syarak Bersendi Kitabullah in
Jambi,”
Journal
of
Indonesian
Islam
11,
no.
2
(2017):
389–404,
https://doi.org/10.15642/JIIS.2017.11.2.389-404.

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19

Ending Solehudin, et al.

approach aligns with Indonesia's broader development goals related
to social welfare and justice.
While Indonesia can learn from Malaysia's approach, the two
countries face different challenges. Malaysia has successfully
integrated Sharia-based regulations with structured policies,
including rehabilitation and psychological support, to reduce
gambling's negative health impacts. In contrast, Indonesia struggles
with weaker law enforcement and a lack of comprehensive strategies.
Overall, Malaysia's more integrated approach, which combines
Sharia-based laws, a firm legal system, and public education, has been
more successful in reducing gambling's negative effects. Indonesia,
despite efforts through BAZNAS to use zakāt, still faces challenges in
implementing effective regulations. Both countries' approaches to
Sharia and social support systems contribute to achieving the
Sustainable Development Goals (SDGs), particularly in poverty
alleviation, health, well-being, and reducing social inequality.
Conclusion
This study compares the regulation of online gambling in
Indonesia and Malaysia, focusing on their approaches to addressing
the social impacts. Malaysia's strict Sharia-based regulations,
including law enforcement, public education, and rehabilitation, have
been effective in reducing gambling's negative effects, aligning with
SDG goals like poverty alleviation and health improvement.
Indonesia, however, faces challenges in fully implementing Sharia
principles in online gambling regulations, despite the ITE Law.
Malaysia’s experience offers valuable lessons for Indonesia, especially
in integrating prevention, strict enforcement, and social
empowerment. By optimizing zakāt as a social tool, Indonesia could
adopt a more holistic approach to combat gambling. Social justice and
SDG-based regulations for online gambling are highly relevant in
Muslim-majority countries. Approaches that integrate Sharia
principles can promote sustainable development and reduce
gambling-related inequality. Future research should explore the longterm effects of these regulations and the role of digital platforms and
zakāt. This study provides insights into online gambling regulation in
both countries, but there are limitations. It mainly discusses existing
regulations without exploring their local implementation or specific
societal impacts. Moreover, the study does not delve into how zakāt

20

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Learning from Malaysia's Progressive Islamic Law
Framework on Online Gambling: Insights for Indonesia

mechanisms can effectively address gambling’s social impact in
Indonesia, indicating the need for further research.
Acknowledgment
We would like to express our deepest gratitude to the Universiti
Kebangsaan Malaysia (UKM), Universiti Tun Hussein Onn Malaysia,
Manipal GlobalNxt University, International Islamic University
Malaysia (IIUM), UIN Sunan Gunung Djati Bandung, Institut Agama
Islam Faqih Asy'ari Kediri, Universitas Islam Darussalam Ciamis,
Universitas Nahdlatul Ulama Al Ghazali Cilacap, and Institut
Miftahul Huda Al Azhar (IMA), Banjar City, West Java, for their
valuable support and insights. We also gratefully acknowledge the
financial support provided by the Indonesia Endowment Fund for
Education Agency (LPDP) for this research.
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