By Dania Arisha binti Mohd Azri
Wildlife plays a crucial role in the environment by maintaining biodiversity, cultural identity, and ecological balance. According to the World Wide Fund for Nature (WWF), Malaysia is recognised as one of 12 megadiverse countries in the world, with many of its species occurring in unusually high densities. It is home to an estimated 1,500 species of terrestrial vertebrates, over 15,000 species of vascular plants, and approximately 152,000 species of animals. Despite this remarkable biodiversity, Malaysia also has one of the highest numbers of endangered species in Asia. For instance, the Sumatran rhinoceros has already gone extinct in Malaysia, and the iconic Malayan tiger now faces the critical risk of extinction.
According to Usher (1986), wildlife refers to non-domesticated species of plants, animals, and microbes. The term typically focuses on animals, particularly mammals and birds. Section 3 of the Wildlife Conservation Act 2010 defines wildlife as any species of wild animal or wild bird whether totally protected or protected, vertebrate or invertebrate, alive or dead, mature or immature, and whether or not it may be tamed or bred in captivity. The Wildlife Conservation (Amendment) Act 2022 updated this definition to include species that are “totally protected, protected, or controlled,” reflecting a more comprehensive approach to conservation.
Wildlife protection aligns with Sustainable Development Goal (SDG) 15: Life on Land, particularly under targets 15.5, 15.7, and 15.c. However, despite the existence of laws and conservation efforts, many species continue to face the risk of extinction due to several pressing challenges.
Several key challenges that continue to threaten wildlife in Malaysia include illegal wildlife trade and poaching, weak law enforcement, lack of long-term conservation efforts, habitat destruction, human-wildlife conflict, and low public awareness and participation. Without realizing it, human actions are deeply intertwined with these threats, though many may not realise the scale of their impact. Individuals often dismiss the importance of wildlife protection, assuming that their personal choices have minimal influence towards the environment but actually is a major contributing factor to the decline of biodiversity.
Although Malaysia has introduced several laws and policies to safeguard wildlife including the Wildlife Conservation Act 2010, the National Policy on Biological Diversity, and its commitments under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), still thousands of endangered animals are being killed, trafficked, and traded illegally. This indicates that while the legal framework exists, the implementation and enforcement of these protections face serious limitations.
One of the most severe threats to Malaysia’s wildlife is the illegal trade and poaching of endangered species. Animals such as pangolins, tigers, and exotic birds are targeted for their body parts because they are being perceived as medicinal, or taken into account their status as exotic pets. Although laws exist to curb such crimes, the black market and the presence of smuggling syndicates make enforcement challenging where offenders often manage to evade punishment. As human populations grow, demand for wildlife rises as society globally from all social classes are accustomed to demands of wildlife either as pets, collections, foods or in the fashion industry. At the other end, extreme poverty means some people see wildlife as valuable barter for trade.
Reported in the New Straits Times, as much as 30,000 kgs of pangolin scales were seized in February 2019 from a warehouse and a factory, while back in 2021, a man was arrested with parts equivalent to 22 tigers.
In Peninsular Malaysia, the International Trade in Endangered Species Act 2008 governs offences related to the international trade of endangered species. Section 10 of the Act stipulates that a corporate body convicted under this section may be fined up to RM200,000, while an individual may face a fine not exceeding RM100,000 and both will receive an imprisonment for a term not exceeding seven years.
In Sarawak, wildlife offences are governed by the Wildlife Protection Ordinance 1998. Section 31 of this ordinance provides that any person found guilty of certain offences may be fined RM2,000 or five times the value of the animals involved, whichever is greater. This reflects Sarawak’s distinct approach to wildlife protection, with fines tailored to the market value of endangered species.
Case law has demonstrated the courts’ willingness to impose significant penalties in wildlife-related offences. In Sarawak Forestry Corporation v. Rajiman [2022] MLJU 2010, the accused was charged under Section 37(2) of the Wildlife Protection Ordinance 1998 for the possession of three pangolins and 2,782 pieces of pangolin scales. He was sentenced to one year in prison and fined RM27,850,000, based on Section 29(2) of the Ordinance, which allows for fines based on the number and value of animals and animal parts found.
Similarly, in PP v. Toh Tung Kit [2023] 1 CLJ 633, the respondent was charged under Sarawak’s Wildlife Protection Ordinance 1998 for possessing various parts of protected wildlife and plants. On appeal, the High Court imposed a two-year prison sentence and a fine of RM50,000, with an additional six-month imprisonment in default for each charge.
Another significant challenge in protecting wildlife in Malaysia is weak law enforcement. Although the country has comprehensive legislation such as the Wildlife Conservation Act 2010, the Wildlife Protection Ordinance 1998 in Sarawak, and the International Trade in Endangered Species Act 2008, these laws are often undermined by poor implementation.While some cases, such as Sarawak Forestry Corporation v. Rajiman and PP v. Toh Tung Kit, resulted in heavy fines and imprisonment, these are more the exception than the norm. Many offenders receive minimal punishment, which weakens the credibility of the legal system and creates repeat offenders. Furthermore, enforcement efforts are sometimes undermined by corruption or legal loopholes, allowing certain offenders to escape accountability.
Lack of coordination between federal and state authorities, as well as between Malaysia and its neighbouring countries also fall under weak law enforcement. This hinders effective action against transnational wildlife trafficking as wildlife crime is often organised and crosses state and national boundaries.
The next key point is conflicts between humans and wildlife as they have become increasingly common due to rapid urbanization and population growth. As the human population expands, the demand for housing, infrastructure, and agricultural land leads to human settlements into wild areas. This expansion often results in the destruction of forests, forcing wildlife out of their natural habitats. Consequently, interactions between humans and animals become more frequent and hostile.
One of the primary drivers of this conflict is deforestation. When forests are cleared for development, animals such as elephants, monkeys, and wild boars are displaced and may wander into plantations or residential areas in search of food. In retaliation, some individuals took action by capturing or killing the animals, raising ethical and legal concerns about the treatment of wildlife.
Illegal trade and poaching also exemplify human interference with wildlife ecosystems. The Malayan Tiger, a national symbol featured on the Malaysian Coat of Arms, is now at risk of extinction primarily due to illegal hunting for its skin and body parts. A joint survey by the Department of Wildlife and National Parks (PERHILITAN), WWF-Malaysia, and other NGOs revealed that fewer than 150 Malayan tigers remained in Peninsular Malaysia by 2022 portraying a steep decline from previous estimates of 250 to 340. Compared to the 1950s, this is a drastic drop when an estimated 3,000 tigers roamed Malaysian forests. The Malayan tiger is currently classified as Critically Endangered on the International Union for Conservation of Nature (IUCN) Red List.
Another tragic consequence of human encroachment is the rising number of wildlife roadkill cases. According to PERHILITAN, a total of 2,444 wildlife deaths due to road accidents were recorded between 2012 and 2017, with the Malayan Tapir being one of the most affected species. More recently, in a widely reported incident on Mother’s Day, an elephant calf was killed in a road accident, and the heartbreaking image of its grieving mother trying to revive it sparked public empathy. This incident raised urgent concerns about the effectiveness of wildlife protection measures in the country.
To effectively conserve wildlife, Malaysia must adopt a multi-faceted strategy that strengthens enforcement, engages the public, empowers communities, and restores natural habitats. Starting off with stronger enforcement, it is suggested that technology such as artificial intelligence (AI) should be fully utilised to monitor and detect illegal wildlife activities, especially in remote and forested areas. At the same time, stricter penalties must be enforced against offenders to serve as a strong deterrent. Without firm legal action, poachers and traffickers will continue exploiting wildlife with little fear of its consequences.
Besides, targeted awareness campaigns must be circulated towards citizens as it focuses on educating youth and rural communities about the importance of protecting wildlife and respecting environmental laws at all levels of education. This should be included in their learning syllabus or as extra-curricular activities. As for the community, campaigns can be done within the neighbourhood. Additionally, mosques and schools can be used as platforms to promote Islamic environmental ethics, which emphasize the responsibility of humans (khalifah) to protect all of Allah’s creations.
Additionally, the involvement of local communities, including the orang asli (indigenous peoples), should be at the heart of conservation efforts. These communities must be seen not as outsiders, but as key partners and guardians of biodiversity. At the same time, support for ecotourism and other sustainable income alternatives can help reduce dependence on activities that harm wildlife, such as logging or poaching.
Hence, it is strongly believed that there are many challenges to wildlife protection in Malaysia which must be addressed urgently to ensure the survival of vulnerable species and the sustainability of natural ecosystems. Wildlife protection is a shared responsibility that requires collaboration between government, communities, and individuals. By strengthening enforcement, raising public awareness, and empowering local communities Malaysia can build a future where both people and nature thrive in harmony. The protection of wildlife demands more than just regulatory frameworks, it requires a unified approach that blends law, ethics, and community values.
Protecting animals is not just a legal duty but is a moral and spiritual responsibility, especially in an Islamic context. In surah Al-An’am (6:38) “All living beings roaming the earth and winged birds soaring in the sky are communities like yourselves. We have left nothing out of the Record. Then to their Lord they will be gathered all together.” This verse highlights that animals are not merely resources for human use, but are organised communities with their own purpose and place in creation. From an Islamic ethical perspective, this affirms the moral responsibility of humans to respect and protect wildlife as it involves the role of humans as khalifah of the Earth.
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