Public Narrative Moves Away from Death Penalty in Malaysia, Study Shows

Kuala Lumpur, 27 October 2026 – KUALA LUMPUR — Study finds that public support for capital punishment in Malaysia is rapidly waning as exposure to personal stories, social media, and regional legal cases drives citizens toward supporting abolition and non-capital alternatives. According to a new policy brief launched in Parliament on 27 October 2026 by the Anti-Death Penalty Asia Network (ADPAN), the School of Arts and Social Sciences at Monash University Malaysia (SASS), and Eleos Justice at Monash Law (EJ), growing distrust in systemic justice, the disproportionate targeting of vulnerable populations, and a rising belief in rehabilitation are prompting Malaysians to reject official state narratives in favor of comprehensive criminal justice reform.

Key Findings from the Policy Brief 

  • First, participants expressed deep distrust of the institutions that administer the death penalty. They pointed to four perceived structural failures that undermine the system’s integrity: corruption within the justice system; unequal access to justice; inconsistent use of judicial discretion in death sentencing; and discriminatory enforcement of drug laws.
  • Second, participants described how poverty, marginalisation and deception draw people into low-level courier roles. Those affected include low-income households in the bottom 40% income group (B40), women facing economic insecurity, and ethnic minorities. Meanwhile, they noted that ‘kingpins’, rarely face arrest, likely protected by corruption and wealth.     
  • Third, participants observed that public support for the death penalty for drug offences has long been shaped by government narratives and media coverage that present drugs as a threat serious enough to justify execution. Social media, lived experience, and cases in Singapore and neighbouring countries have since exposed people to other views.
  • Fourth, participants believed in rehabilitation, and this belief underpinned their support for abolition. Many favoured responses that address the poverty, coercion, drug dependence and mental health problems that draw people into the drug trade. For them, the death penalty ends the possibility of reform and rehabilitation. 

“Our findings clearly demonstrate that public sentiment is no longer a legal or political barrier to abolishing the death penalty for drug trafficking,” said Dr. Thaatchaayini Kananatu, Deputy Head of School (Research) and Co-Director of Eleos Justice and co-author of the policy brief. “To turn this evidence into actionable reform, our policy brief proposes recommendations for each of Malaysia’s three branches of government: the Executive, the Legislature, and the Judiciary. Ultimately, our main recommendation is to abolish the death penalty, starting with drug crimes,”

Significance of the Policy Brief

With the enactment of the Abolition of Mandatory Death Penalty Act 2023, Malaysia’s legal system now has the discretionary death penalty for 27 offences, including drug trafficking under Section 39B of the Dangerous Drugs Act 1952 (DDA 1952). The historic resentencing process for those sentenced under the mandatory sentencing framework combined with the introduction of judicial discretion has drastically decreased the death row population 1,275 individuals in 2023 to 140 by January 2025 and further declined to 97 in November 2025. As of 2025, individuals convicted of drug offences constitute 21% of those on death row.

“Malaysia should be commended for its important progress in reforming its death penalty laws. Ending the mandatory death penalty and resentencing those on death row has dramatically reduced the number of people facing execution,” said Sara Kowal, Director of EJ, Deputy Co-Convenor of ADPAN, and co-author of the policy brief. “But we know that in practice the death penalty falls on the most vulnerable: people living in poverty, people from marginalised communities and people living with disabilities. Abolishing the death penalty for drug offences is a pragmatic next step, and one that recognises that executing people for drug offences breaches international human rights law.”

What’s Next?

The policy brief launch presented the study’s key findings and recommendations to parliamentarians, government officials, and key stakeholders. By showcasing the research evidence and sharing perspectives on reform, the event aimed to foster ongoing policy engagement toward abolishing the death penalty for drug offenses.

“Our goal is for this policy brief to serve as a foundation for ADPAN’s advocacy towards the abolition of the death penalty, starting with abolition for drug offences in Malaysia,” said Ngeow Chow Ying, ADPAN’s Deputy Co-Convenor. “By examining the narratives and arguments that shape discussions around drug-related offences and the death penalty, the research helps us better understand how these issues are framed and how we can communicate the case for abolition more effectively. We will use these findings to inform our advocacy messaging and campaign strategy, and to engage parliamentarians, BHEUU and legal partners with evidence-based arguments to build a united front for reform,”

Methodology 

Between May and July 2026, Monash University Malaysia hosted five ethics-approved focus group discussions (FGDs) to explore public views on the death penalty for drug trafficking. Involving 31 key stakeholders including youth, civil society representatives, professionals, entrepreneurs, and leaders across five major religious groups (Islam, Buddhism, Hinduism, Christianity, and Sikhism). The study examined the beliefs shaping these opinions and identified what participants consider fair and effective drug policies.