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Capital punishment in Malaysia


Capital punishment in Malaysia is a legal form of punishment. It is a mandatory punishment for murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong (the King). Recently, the law has been extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death penalty. Since January 2003, the death penalty in Malaysia has been a mandatory punishment for rapists that cause death and child rapists. A 1961 law states that kidnapping carries a life sentence or a death sentence, preceded by a whipping. Foreigners are not exempt from the death penalty.

Only High Courts have the jurisdiction to sentence someone to death. Juvenile cases involving the death penalty are heard in High Courts instead of the juvenile court where other juvenile cases are heard. Appeals to the Court of Appeal and the Federal Court are automatic. The last resort for the convicted is to plead pardon for clemency. Pardons or clemency are granted by the Ruler or Yang di-Pertua Negeri (Governor) of the state where the crime is committed or the Yang di-Pertuan Agong if the crime is committed in the Federal Territories or when involving members of the armed forces. Death sentences are carried out by hanging as provided in Section 281 of the Criminal Procedure Code. Pregnant women and children may not be sentenced to death.

Between 1970 and 2001, Malaysia executed 359 people. As of 2006, 159 people remain on death row.

The idea behind capital punishment in Malaysia arose from a mix between the common law system that Malaysia inherited during their colonisation period from the British and the authorisation of certain punishments from Islam. Currently, death penalties are carried out in Malaysia through hanging and the penalty is used for a variety of offences. Under Article 5(1) of the Constitution of Malaysia, the death penalty was not expressly prohibited and this has yet to be re-appealed by parliament.


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