Najib’s house arrest explained: 10 questions about pardons, prison powers and what happens next

1. On September 18, Najib Razak received a conditional pardon that permitted him to complete his SRC International jail sentence under house arrest until August 23, 2028. This arrangement required him to pay a RM50 million fine and adhere to additional conditions. If he violated any of these conditions, the pardon would be revoked and he would resume serving his sentence in prison.

2. House arrest laws are not explicitly defined in Malaysia. The Home Minister has stated that the country currently lacks a specific law governing house arrest, despite previous proposals and a High Court ruling in December 2025 that Najib's earlier house-arrest order was invalid due to lack of proper deliberation.

3. However, under Section 43 of the Prison Act, the Commissioner General of Prisons has the authority to release a prisoner on licence with conditions. This release can occur "at any time" and if the conditions are not met, the prisoner faces a fine or imprisonment. The Commissioner General may also modify or cancel these conditions, recall the prisoner to prison, and later release them on licence again.

4. Release on licence may indeed allow a prisoner to serve part of their sentence outside of prison. Regulation 111 of the Prisons Regulations 2000 enables a prisoner who has served at least four years of their sentence to be released on licence with conditions. However, the regulations do not detail other aspects of a prisoner's life during this period, such as living arrangements, visitor policies, or communication restrictions.

5. The Prisons Department may soon issue standard operating procedures for Najib's house-arrest conditions, including rules for visits, security, and monitoring his movements.

6. The conditional pardon was granted by the Yang di-Pertuan Agong, His Majesty Sultan Ibrahim, following the 64th meeting of the Pardons Board for the Federal Territories of Kuala Lumpur.