Najib's house arrest charts new legal ground, says constitutional lawyer

The Malaysian government's decision to allow former Prime Minister Najib Razak to serve his remaining prison sentence under house arrest has established a new legal precedent, according to constitutional lawyer Andrew Khoo. Currently, Malaysia lacks a specific legal framework for home detention of convicted prisoners, with neither the Federal Constitution nor existing prison laws explicitly addressing this matter.

While prisons are under federal jurisdiction and governed by the Prisons Act, no rules have been established for how a convicted prisoner should complete their sentence at home. The Prisons (Amendment) Bill 2026, introduced in June, seeks to introduce changes to the prison system but has not yet been passed. The Pardons Board's decision to grant Najib home detention represents uncharted territory, as the proposed amendments do not cover sentences of his magnitude.

The framework for home detention lacks clear rules and conditions, leaving numerous practical questions unanswered. For instance, it remains unclear whether Najib would be allowed to receive guests, such as family or friends. The government would need to establish a comprehensive set of rules governing Najib's house arrest. While the Prisons (Amendment) Bill aims to address prison overcrowding, enhance governance, and expand rehabilitation programs, it does not extend to the kind of sentence Najib received.

Constitutional lawyers have raised concerns about whether this arrangement constitutes special treatment, potentially infringing on Article 8 of the Federal Constitution, which guarantees equality before the law.