KUALA LUMPUR, July 9 — Malaysia’s leading Islamic authority said it has no guidelines on the opening hours for Muslim eateries during the fasting month despite a government order restricting the sale of food to Muslims to after 3pm.

The Department of Islamic Development Malaysia (Jakim), which oversees Islamic affairs at the federal level, added that enforcements of such rules typically fall on the respective local councils.

“Actually that is not under Jakim or state Islamic authorities, that one is under PBT,” a Jakim corporate communications officer told The Malay Mail Online when contacted, using the Malay initials meaning local councils.

Islamic Affairs Minister Datuk Seri Jamil Khir Baharom had stirred a public outcry over the weekend when he announced Muslim eateries are only allowed to start selling food after 3pm during Ramadan.

According to daily New Straits Times, failure to comply could result in a RM300 compound and seizure of equipment.

In Malaysia, the regulation of Islamic affairs falls under the jurisdiction of the state governments and the laws governing it can sometimes differ from state to state.

In the national capital, a 1997 law bans the sale of food to Muslims during fasting hours if they are to consume it immediately, the Federal Territories Islamic Religious Department (Jawi) told The Malay Mail Online when contacted this week.

But the official said the Shariah Criminal Offences (Federal Territories) Act 1997 does not specify the opening hours for Muslim restaurants.

“Basically, this Act did not mention whether the food stall or restaurant must start their operation after 3pm during Ramadan. The main point is they cannot sell to any Muslim at any time if it is for immediate consumption during fasting hours,” said the official, who asked not to be named.

Section 15 of the law states that any person who “sells to any Muslim any food, drink, cigarette or other form of tobacco for immediate consumption” during the fasting hours of Ramadan will be found guilty of disrespecting the holy month.

The maximum punishment for first-time offenders is a RM1,000 fine or a six-month jail term or both, while repeat offenders will see the maximum penalties doubled under the law - which also covers Muslims who are found eating, drinking or smoking in a public area during fasting hours.

According to Jawi, fast-food outlets are also covered under Section 15 of the same law, and added that it was empowered to clamp down on the eateries by working with City Hall.

When asked if there would be a RM300 compound fine and seizure of food and equipment on top of the penalties under Section 15, Jawi said: “Any other penalties will be imposed by DBKL”.

However, Jawi said Muslim eateries in the Federal Territories are “allowed” to sell food to non-Muslims at any time during fasting hours.

It also confirmed that these Muslim eateries can sell food to Muslims before 3pm if the food is for take-away and will only be eaten when Muslims break their fast.

During the fasting month, Muslims would eat before dawn and fast throughout the day, breaking their fast only after sunset.

The screws governing rules on observing the month-long fast have slowly been tightened over the years as Malaysia seeks to burnish its Islamic credentials.

After minister Jamil Khir’s announcement, Kedah declared a similar 3pm rule for Muslim eateries.

Kedah executive councillor Badrul Hisham Hashim told The Malay Mail Online that the rule was a “policy” decided by the state government that is then followed by the state Islamic authorities.

“This is a policy from the state government,” he said, adding that the rule was limited to Muslim eateries and had already been in place in Kedah for the past few years.

But when asked if the Muslim eateries could still sell food to non-Muslims before 3pm, Badrul stressed that these outlets “must” only open their doors after3pm.

This policy is jointly enforced by the Kedah Islamic authorities and local councils, with the latter to inform Muslim restaurant operators of this rule, he said.

Badrul, who is in charge of the state Housing and Local Government portfolio in Kedah, confirmed that those who flout this policy could risk their licences being withdrawn.

He confirmed that the Restoran Hameed which largely caters to tourists in Langkawi and fast-food outlets are exempted from the rule.

The 3pm rule has drawn harsh criticism.

The Muslim Restaurant Owners Association Malaysia told The Malay Mail Online this week that some of its over 3,000 Muslim restaurants nationwide are “still confused” over this rule as there was a lack of “proper guidelines” from the government.

Former minister Datuk Zaid Ibrahim mocked Muslims’ leaders for trying to ape the Arabs in their strict Islamic practices and ignoring the impact on Muslim traders.