Safeguarding Cupping Therapy: Legal Frameworks and Governance Challenges of Hijamah

Abstract

The regulation of Hijamah (cupping) practices faces significant challenges rooted in fragmented oversight, practitioner accountability, and clinical safety. This article examines the current legal framework and governance issues surrounding Hijamah, particularly the need to align the Traditional and Complementary Medicine Act 2016 with rigorous clinical safety protocols. This study utilizes a qualitative, library-based doctrinal legal research methodology to systematically analyse the legal framework and principles governing Hijamah (cupping) practices in Malaysia Findings indicate that the absence of a comprehensive national Standard Operating Procedure and standardized training has led to inconsistent practitioner qualifications and heightened clinical risks, including infections and vasovagal shock. Furthermore, the proliferation of unregulated medical claims on social media complicates public health safety by prioritising anecdotal success over evidence-based efficacy. To address these gaps, the study proposes a transition toward a standardized accreditation framework that incorporates mandatory clinical certifications, a national practitioner registry, and strict infection-control protocols. It also advocates for the implementation of indemnity insurance and the creation of an independent disciplinary board to adjudicate malpractice. By embedding these reforms within an "Ethical-Spiritual-Clinical Alignment" model, Malaysia can harmonize traditional expertise with modern medical expectations. Ultimately, such a multisectoral collaboration between health and religious authorities ensures that Hijamah remains tethered to the maqasid sharia objective of preserving human life while enhancing the legitimacy and public trust in traditional healthcare services.