Gambling Laws, Regulation, and Licensing Authorities. International internet gambling law is a subject of immense complexity, because every nation has its own take on the subject. Some parts of the world embrace online gambling while others do everything they can to ban it entirely. An Act of Parliament basically just means law, in fancy language. The Common Gaming Houses Act 1953 and the Betting Act 1953 deals with illegal gambling in Malaysia, centered around the concepts of “betting houses” and “common gaming houses”. A betting house is where people place bets on things like horsing races or sports events, and organize illegal lotteries. Whether you live or work in Kuala Lumpur, Penang, Malacca or any other city or state in Malaysia, read on to find out more about the online gambling laws that apply in Malaysia. We explain whether it is legal for Malaysian’s to play real money slots, blackjack, roulette, baccarat and other games. Act 289 common gaming houses act 1953 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision, malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006.
There’s the common perception that gambling is illegal in Malaysia, and that’s true to a large extent. There are exceptions, like the casinos up in the Genting Resorts, and the good ol’ Toto, Magnum and Damacai that have licenses granted by the Minister of Finance. Did you also know that illegal gambling dens exist in Malaysia? The police were active in cracking down on these gambling dens at the end of last year. We’ll soon find out that not only can the patrons be charged with a crime, but the owners can be, too.
Now that Chinese New Year is around the corner, we’re pretty sure that there’s gonna be an increase of “chor dai di” playing among family and friends. What are the laws that govern gambling in Malaysia, and can you be arrested for a friendly game of poker in your own home?
There are Malaysian Acts of Parliament specific to gambling
An Act of Parliament basically just means law, in fancy language. The Common Gaming Houses Act 1953 and the Betting Act 1953 deals with illegal gambling in Malaysia, centered around the concepts of “betting houses” and “common gaming houses”. A betting house is where people place bets on things like horsing races or sports events, and organize illegal lotteries. A common gaming house is more relevant to our discussion in this article, because common gaming houses are places that host more “casinolike” games like roulette and poker.
That’s why from now onward, we’ll almost exclusively refer to the Common Gaming Houses Act 1953. Section 3 of the Common Gaming Houses Act 1953 straight up declares these houses as nuisances and are “contrary to the law”. Their existences are not tolerated at all by the authorities.
Section 4 of the Common Gaming Houses Act 1953 sets out offences that relate to owning or occupying the common gaming house. The section has a few subsections, we’re just gonna have a taster here:
4. (1) Any person who— (a) being the owner or occupier or having the use temporarily or otherwise thereof keeps or uses a place as a common gaming house; or
It’s supposed to be a catch-all subsection that is targeted at anyone who might be operating an illegal gambling den. Some examples of offences under section 4 include owning or occupying common gaming houses, and publishing advertisements for the gaming house, and the like. Offenders can be liable for a fine between RM 5,000 and RM 50,000 AND a jail term of up to 3 years, with additional punishment for each gaming machine (like slots or the roulette).
What if the someone doesn’t own a betting house, but is akin to an ‘investor’ of the common gaming house? Section 5 states:
5. Any person who advances or furnishes money for the purpose of establishing or conducting the business of a common gaming house or for the purpose of a public lottery or who profits from the establishment or conduct of such business shall be guilty of an offence...
These investors commit an offence by funneling money into the establishing and the conducting of a common gaming house. Not even people who make or supply gaming machines are spared. Section 4a says that anyone who deals in or manufacturers or assembles gaming machines (it can be gambling equipment, or those gambling arcade machines, or slot machines) commits an offence, and can be punished with a fine between RM 10,000 and RM 100,000 and a jail term of up to 5 years.
It can be difficult to catch gambling dens in action, so to facilitate the process of capturing common gaming houses, Malaysian authorities are allowed to make certain presumptions regarding certain facts. For example, section 19 of the Common Gaming Houses Act 1953 allows the assumption to be made that if a house or a premise has materials that allow for gaming/gambling, and operates as a common gaming house would, it is a common gaming house until proven otherwise. An example would be if a house has a couple of slot machines, a poker table and decks of poker cards, maybe a stash of poker chips, it would be assumed that this house is a common gaming house. It doesn’t have to look straight up like a casino, as long as it looked like gambling was being done, the house or premise may be regarded as a common gaming house.
Gaming offences
Now we come to the actual offence of participating in gambling in a common gaming house. According to section 6(1) of the Common Gaming Houses Act 1953, anyone who games in a common gaming house is guilty of an offence, and shall be punished with a fine of up to RM 5,000, a jail term of up to 6 months, or both. Gaming is defined in section 2 as:
...the playing of any game of chance or of mixed chance and skill for money or money’s worth and includes the playing of any game specified in Column I of the First and Second Schedules and the playing or operation of any gaming machine…
Gaming can mean many of the common gambling games such as poker, blackjack, and roulette, but the First and Second Schedule of the Act has a list that include some of the less commonly known games, like “Tau Ngau” and “Ewok” (Not to be confused with the Ewoks from the Star Wars movies).
It’s also an offence to gamble in public, according to section 7(1) of the Common Gaming Houses Act 1953.
7. (1) A police officer may arrest without warrant any person found gaming in any public place and may seize all instruments or, appliances for gaming found in such public place or on the persons of those arrested under this section.
In fact, the cops can arrest you and your friends without a warrant if you play blackjack in public. They’ll confiscate your deck of cards, too. Anyone liable for gaming in public may be fined up to RM 5,000, imprisonment of up to 6 months, or both. Even if you were gambling without money but other items at stake (maybe a phone, or a watch) or even if you use things to represent money (like peanuts), it still counts, as stated in section 7(3).
You might be wondering if the police need a warrant to search premises or people that they think are common gaming houses or patrons, respectively. They do in fact require warrants to raid suspected gambling dens or gamblers. According to section 16 and 17 of the Common Gaming Houses Act 1953, if a Magistrate, or Justice of Peace or a senior police officer receives written reports of a suspected premise or person, they may make any enquiries that are necessary. These figures of authority may then issue a warrant to enter and search premises, and/or search individuals and seize anything that is connected to gambling.
Syariah law applies to Muslim folks on top of civil law
In addition to the secular laws stated above, the Muslim community in Malaysia are also subject to Syariah law, which is documented in the Syariah Criminal Offences Enactment 1996. These Syariah laws vary from state to state, for example, the Syariah Criminal Offences (State of Penang) Enactment 1996 holds that if a Muslim is caught gambling, they can be subjected to a fine up to RM 3,000, imprisonment of up to 2 years, or both. In Pahang, a Muslim’s mere presence in a place for gambling warrants the same punishment.
There are minor differences in each state’s Syariah enactments on gambling, and each state has an Islamic Religious Affairs Department, whom among other agencies, enforces Syariah law. Even Muslim tourists are subject to these laws.
It’s still gambling if you do it at home
It might sound weird, but yes, if you and your friends and family play poker at home and there’s money (or other valuables at stake):
- Your house is technically considered a common gaming house, in that period of gambling
- You and your friends and family who participated in the poker game that involved money have technically violated section 2
- Unless you’re using tokens like peanuts for fun and don’t actually exchange them for cash later, you could get into trouble with Section 7(3).
But wait, there’s more! You’re technically not breaking any Malaysian laws if you gamble online, because most, if not all online gambling sites are hosted in other countries. The Home Minister, Datuk Seri Dr Ahmad Zahid Hamidi, said in 2017 that the Malaysian government is trying to set up preventative measures against online gambling.
We’ll leave you with this really interesting piece of trivia. There is one other place than Genting Highlands that has a gambling license, and would you believe it, it’s in Ipoh. The Han Chin Pet Soo was a clubhouse for Hakka Chinese miners and it was kind of like an old timey Zouk but with more debauchery. The clubhouse was known to play host to vices like gambling, prostitution, opium consumption and the triads.
Here’s how you can report illegal gambling
The PDRM have released a list of phone numbers that you can report illegal gambling to, with thanks to our friends over at the Enforcement Agency Integrity Commission for sharing it.
[READ MORE:Malaysian authorities have to investigate if their officers mess up. But what if they don't?]
You know that getting to the only casino in Malaysia involves travelling all the way uphill to Genting Highland. While you’ll enjoy having fun with the casinos and fun-filled theme park, driving up the casino can be pretty taxing during peak hours.
You wouldn’t want to take your fun to gambling dens hidden in your neighborhood, as they are illegal with the Malaysian laws. But that doesn’t mean you should sacrifice your longing for the occasional gambling fun either.
In today’s modern internet age, online casinos are your best alternative when you don’t feel like spending hours driving to the one and only casino in Malaysia. Unlike the local gambling dens, there are no laws that ban online gambling in the country, of course, unless you’re a Muslim.
Some online gambling sites cater to Malaysian and offer a vast range of games that are on par with brick-and-mortar casinos. But you’ll want to pick the best sites and avoid scammy ones. To be safe, we recommend you to read the reviews by our professional team, who tried out numerous local online gambling sites.
Our reviewers will shortlist the best online gambling sites in Malaysia that offer:
- Huge attractive welcome bonuses.
- Variety of games that you can play with real money or try for fun.
- Top notch customer service and quick payout.
Here’s a list of the best online gambling sites for Malaysian that offers exciting gaming experience, right in the comfort of your home.
Best gambling sites
- Bodog – Read Bodog Casino Review
- Dafabet – Read Dafabet Review
- JackpotCity – Read Jackpot City Review
Why You Need To Choose The Right Online Gambling Site
As Malaysian, we’re proud of the range of delicious food that reflects our multicultural community. But if you’re hunting for the best local delicacies in each state, the right person to ask is the locals who are familiar with the best restaurants or food stalls.
What you’ll want to avoid is to read some overhyped food blog and ended up with mediocre food that you’ll want to forget in no time. It always pays to do your homework well.
The same goes for choosing the right online gambling site. You do not want to end up with another Ponzi scam that uses a legit online casino as their marketing front. With the recent JJPTR scam, most Malaysians would have wisened up.
Instead, you’ll want to select only genuine online gambling site that is focused on providing the best virtual gaming experience without any deceptive tricks. This is where the professional reviews created by our team can actually help.
Spending your time reading our detailed reviews could prevent you from falling victims to some unscrupulous sites claiming to provide online gambling experience.
Why You Should Check Out Malaysia’s Most Popular Gambling Review Site
We tried and tested more online gambling sites than other reviewers out there.
We only recommend 100% secure sites.
Only sites that are tested to be safe and secure made it to our recommended list.
Sites with fast payouts, guaranteed.
We tested with real money and only sites with fast payout are featured.
We help you resolve issues.
Our readers trust us to provide a list of online gambling sites that are trustworthy. However, if you encounter any issues in your gaming experience, we’re more than pleased to step in and help you to resolve the problems quickly.
Blacklisted Malaysian Casino Sites
How We Choose The Best Online Gambling Sites For Malaysian
Those that made it to our top list of online gambling sites met stringent requirements that would please a Malaysian. You do not need to convert your currency and suffer exchange losses. Our recommended site accept RM, and that means you can start playing right now.
Not only these sites offer quick payouts, the range of games offered ensured that you enjoy a thoroughly exciting experience without driving all the way up to Genting itself. All you need is a mobile device or a computer with a decent internet connection.
Getting Started With A Malaysian Online Gambling Site
There are better ways to indulge in your favorite casino games without breaking the law in Malaysia. Instead of settling with below par gambling sites offered by an inexperienced team, choose from our recommended list of international gambling sites operated by professionals who know what they are doing.
These highly recommended sites allow you to play with the RM currency. It saves you the hassle of converting your money. Besides that, you’ll have access to a vast range of games that a reputable casino should have.
The Culture Of Gambling In Malaysia
The fact is, most Malaysian loves to gamble. There’s no harm in playing for fun and enjoy the excitement. But the government isn’t handing out more casino licenses. And with the growing populations, a couple of casinos on top of a highland just isn’t enough.
This is where you need to get creative with online gambling. An increased number of international online casinos are pleased to welcome Malaysian players. It’s time that you embrace the shift of online technologies and take your gambling to the virtual world.
Only Online Casinos Scoring 90% Above Made It To Our List
We don’t place an online gambling site in our top recommended list just because it has a fancy website. Instead, we tested the site more rigorously than you’ll test an HD TV before purchasing.
We wanted to recommend only Malaysian friendly sites that allowed you to deposit and withdraw in RM. And we don’t take what’s stated on the website for granted.
To really rate the site, we make real deposits and try out every single game for the site. Then, we ensure that there’s no problem in withdrawal with every single payment methods supported on the site.
At times, we decided to put their customer service to test, by cooking up some problems for them to solve. As we evaluate these sites in every aspect, we sorted out the greats from the average.
How we rate casinos
Why You’ll Enjoy Gambling Online Than A Live Casino
Of course, the thrill of getting into the casino at Genting can be a fun experience. The feel of the chips in your hand brings excitement into every single game. But there are times where you wished you could play your favorite games without actually driving all the way to Genting.
If you’re living in KL, it takes at least 2 hours just to reach the casino. That is not considering the bad traffic that Malaysian are so frustrated off. Online gambling offers the best alternative to gaming experience right in the comfort of your home.
Download the Best Online Gambling Sites – FREE
If you’re putting off your plan to travel and all game to start with our recommended online sites, head over to our download links and get the best online gambling software that any Malaysian would enjoy.
Enjoy great welcome bonus on any of the sites that we recommend. You can also try out the games for free before depositing actual RM into your accounts at the site. Getting started is just a step away by clicking the top recommended sites below.
Malaysian Gambling FAQ
Is Online Gambling Legal In Malaysia?
As a Muslim majority country, gambling is a tightly controlled activity in Malaysia. Apart from the sole casino operating in Genting Highland, horse racing and lotteries are the only legal gambling avenues for Malaysian.Local gambling dens are strictly illegal and those who are caught participating in such activities are punishable by law in the Common Gaming Houses Act 1953.
Online gambling is an area that is not deemed illegal under the Civil Law Act 1956. There are no laws that describe the earnings gained by online gambling as illegal. The grey areas in many areas of the document ensure that no local online players have ever been prosecuted for their online gambling activities.
Is The Online Gaming Site Available On Mobile?
As with any modern websites, the best online gaming site is totally responsive to mobile devices. You can grab your Android or IOS based smartphone and get started with one of the recommended online gambling sites immediately. You’ll enjoy the same great experience on mobile as you did on a computer.
Is There A Malaysian Based Online Gambling Site?
While not technically a Muslim country, Malaysian population are comprised of a Muslim majority. Gambling is a strictly controlled activity in the country and the government has stopped offering a license for new gambling spots.
This means that there are no online gambling sites operating from Malaysia itself. But this shouldn’t be a put off to your gaming experience as the sites that we recommend are international gambling sites operated by professional teams.
What Games Can I Expect?
Gambling Laws In Malaysia
Rest assured that there will never be a dull moment with our trusted online gambling sites. A horde of games like baccarat, blackjack, slots, and roulette awaits you as you access the online casinos from any of your devices.
Live Casino Gaming In Malaysia
Here’s the one and only recommended live casino in Genting Highland Resort.
Gaming Responsibly in Malaysia
Malaysia Illegal Gambling Law
We advocate gaming responsibly in Malaysia. It should be for pure fun and entertainment. Here are some local organizations to seek out if you feel that gambling has become a serious problem in your life.
Gamblers Rehab Centre Malaysia – A community-based rehab center that offers counseling and support for hardcore gamblers.
Malaysia Gambling Laws
Solace Sabah – An addiction treatment facilities that include counseling and therapy for gambling addiction.