Malaysia Defers Najib's House Arrest After RM50 Million Payment, Citing Legal Questions

Fine paid, court order issued, transfer put on hold

Malaysia's Attorney General's Chambers called for Najib Razak's transfer to house arrest to be temporarily suspended on November 6, 2026, after his party paid a RM50 million fine and the Kuala Lumpur High Court issued an order directing his release into detention at home until August 23, 2028.

The dispute turns on whether paying the fine means the former prime minister's sentence in the SRC International corruption case continues at home or is legally completed. The answer also affects when a separate prison sentence of 15 years in the 1Malaysia Development Berhad case must begin.

Najib's lawyers later confirmed that he remained at Kajang Prison, although an earlier eyewitness description placed him in a silver car leaving the prison compound with a convoy. The Attorney General's Chambers said he should remain at his current place of detention while the legal questions were clarified.

Several preparations for the move had already been completed. UMNO, the United Malays National Organisation, said it had settled the fine through public fundraising. Najib's residence in Kuala Lumpur had also been declared a prison, covering all buildings on a property measuring 4,559 square metres.

The delay immediately drew objections from Najib's lawyers and UMNO leaders, who said the conditions for house arrest had been fulfilled. It also postponed the moment that Transport Minister Anthony Loke has said will trigger his resignation from the Cabinet.

Najib, 73, led Malaysia from 2009 to 2018 and has consistently denied wrongdoing. He has been imprisoned since August 23, 2022, following his conviction involving RM42 million in SRC International funds.

Why the wording of the pardon matters

The Attorney General's Chambers identified two possible readings of the Conditional Pardon Order granted by King Sultan Ibrahim on September 18, 2026. The order allows Najib to serve the remainder of his sentence under house arrest until August 23, 2028, subject to payment of the RM50 million fine and compliance with its conditions.

Under the first reading, payment settles only the fine. Najib's prison sentence in the SRC International case continues until August 23, 2028, with his home becoming the place where he serves it.

The Attorney General's Chambers explained that interpretation in its statement:

Under this interpretation, house arrest is an alternative method or place for serving the remainder of the prison sentence, and not a termination of the prison sentence.

Under the second reading, paying the fine allows the pardon to take full effect and brings the entire SRC International sentence, including imprisonment, to an end.

The High Court's Order of Discharge on Payment of Fine, dated November 6, creates a related question. According to the chambers, it directs immediate release while also specifying that Najib must serve the remaining sentence under house arrest until August 23, 2028. Authorities must determine how those directions work together.

The Attorney General's Chambers said the temporary deferment was intended to ensure that the royal decree and court orders were carried out accurately. It said further action would follow its scrutiny and clarification, without announcing a completion date or a court hearing.

A second sentence makes the decision consequential

Najib's separate sentence in the 1MDB case is scheduled to begin after he completes the SRC International sentence. That makes the legal meaning of completion central to his immediate custody arrangements.

A court sentenced him to another 15 years in December 2025 in the separate corruption and money laundering case. He is appealing that ruling. The case also brought a fine of RM11.4 billion.

The Attorney General's Chambers cited a court order requiring the 1MDB sentence to follow the SRC International sentence. It also pointed to the High Court's dismissal, on October 14, 2026, of an application to pause enforcement of the 1MDB sentence.

If the SRC sentence continues until August 2028, the later sentence follows that timetable. If payment of the fine legally completes the SRC sentence now, authorities must resolve what that means for the start of the 1MDB sentence. This is why the dispute reaches beyond the address where Najib would be detained.

Najib's legal team takes a different position. Shafee & Co said the separate 1MDB proceedings do not change the duty to implement the royal pardon in the SRC International case. The firm said questions about the pardon's effect should be decided by the High Court.

Lawyers challenge the power to delay the move

Shafee & Co urged the head of the prisons service to complete Najib's transfer without delay and called on the Attorney General's Chambers to withdraw its statement. The firm argued that the chambers has no authority to suspend the king's exercise of the power of pardon.

Najib's lawyers set out that position in their statement:

The attorney-general has no power to stay the royal prerogative of pardon.

The lawyers said the RM50 million had been paid in full to the Kuala Lumpur High Court, which then issued a sealed order to officials responsible for Kajang Prison. Lawyer Farhan Shafee confirmed that the court had issued the order following settlement of the fine.

Shafee & Co also challenged the timing. The firm said the September announcement had presented payment as the condition for house arrest and that seven weeks passed before the chambers raised its interpretation concerns.

The lawyers said the attorney general had attended the Pardons Board meeting advising the king and should have raised any concerns there. They argued that any remaining dispute belonged before a judge rather than being used to keep Najib at Kajang Prison.

His home has been declared a prison

Home Minister Saifuddin Nasution Ismail declared Najib's property at No. 11, Jalan Langgak Duta, Taman Duta, a prison under Section 3 of the Prisons Act 1995. The declaration was published in the Federal Gazette on November 6.

The designation covers all buildings and 4,559 square metres of land. Its stated purpose is the imprisonment or detention of people in lawful custody.

Najib's lawyers said this means the proposed move would transfer him between two legally designated prisons. Shafee & Co described the arrangement this way:

"Moving our client there does not take him out of lawful custody, but moves him from one gazetted prison to another".

The designation gives the proposed home detention a legal location. The practical rules are another part of the debate. The planned arrangement was described as requiring Najib to serve the sentence alone under prison department supervision, with restrictions on family visits.

Bersatu president Muhyiddin Yassin, a former prime minister and home minister, called on the government and Home Ministry to explain the regulations and procedures. He asked whether the restrictions would resemble those in an ordinary prison.

Muhyiddin said any need for additional legislation should be addressed in Parliament:

"If there is no law governing house arrest yet, what are the existing regulations? If a special law is required, it should be drafted and brought to Parliament".

UMNO asks why concerns emerged after payment

UMNO said it completed the fine payment process at the Kuala Lumpur High Court on the morning of November 6. Najib's special officer, Ahmad Lutfi Azhar, attended court at 11.30am to complete the administrative procedures.

The party raised the RM50 million, approximately US$12.3 million, through a public campaign. It then announced the closure of the special Najib Razak Solidarity Fund account, saying further public contributions were no longer needed for that purpose.

Azalina Othman Said, UMNO's information chief and Malaysia's law and institutional reform minister, asked when the Attorney General's Chambers had identified its concerns and why they were raised after payment was recorded and a court order issued.

Speaking in her party role, Azalina called for an explanation of the legal basis for the delay:

"Umno respects the attorney-general's position as the government's primary legal adviser. The party urges the AGC to immediately explain the legal basis for delaying the implementation of house arrest".

UMNO secretary general Asyraf Wajdi Dusuki also objected. He said the king had set conditions through the Federal Territories Pardons Board and those conditions had been fulfilled. In his view, delaying implementation amounted to disrespect for the royal order.

The Attorney General's Chambers maintained that its purpose was to carry out the decree and related court orders correctly, rather than dispute or set aside the king's decision.

Najib's family had prepared for his arrival

Najib's daughter, Nooryana Najwa, said the family had expected him home on November 6 and had prepared to welcome him. She said the family received a court order for house arrest after the fine was paid around noon.

Nooryana said that order was taken to Kajang Prison and the family understood that prison officials would bring Najib home. According to her account, the expected arrival time changed from 5pm to 8.30pm.

She said the family received information at about 2pm that the Home Ministry was seeking to defer the move, but continued waiting because it believed the court order was sufficient. The Attorney General's Chambers subsequently issued its statement calling for a pause.

Nooryana thanked contributors to the solidarity fund and questioned why any further conditions had not been communicated before the money was accepted. She said she would leave the legal arguments to Najib's lawyers.

For the family, the immediate result was that a day expected to end with Najib at home instead ended with his legal team confirming he remained in Kajang Prison.

Loke ties his Cabinet departure to house arrest

Transport Minister Anthony Loke said he would resign once Najib began serving his sentence at home. Loke leads the Democratic Action Party, part of Prime Minister Anwar Ibrahim's governing Pakatan Harapan coalition.

Loke first announced his intention to leave the Cabinet in September in protest against the conditional pardon. He later said Anwar had asked him to stay temporarily until house arrest began.

On November 6, Loke stated the trigger for his departure:

"The moment (Najib) sets foot in his home, that's when I will resign".

Loke said his position reflected a party decision. He said DAP respected the king's constitutional powers but disagreed with allowing house arrest for someone involved in a scandal that had damaged Malaysia's economy and reputation.

Loke also said he had met Cabinet and ministry officials to settle administrative matters and prepare a handover. He said operations for the East Coast Rail Link and the Johor Bahru-Singapore Rapid Transit System Link would begin as scheduled, and that he would continue contributing as a member of Parliament.

How Najib reached this point

Najib's current custody began with the SRC International case, involving RM42 million and convictions for abuse of power, criminal breach of trust and money laundering. His original prison term was 12 years, with a RM210 million fine.

The main dates show how that sentence developed into the present dispute:

• July 2020: Najib received the original sentence of 12 years in the SRC International case.
• August 23, 2022: He began serving his sentence after the Federal Court upheld his conviction.
• January 2024: A royal pardon reduced the prison term to six years and the fine to RM50 million.
• December 2025: He received a separate sentence of 15 years in the 1MDB case, which he is appealing.
• September 18, 2026: King Sultan Ibrahim granted the conditional pardon permitting house arrest until August 23, 2028.
• October 14, 2026: The High Court dismissed an application to pause enforcement of the 1MDB sentence.
• November 6, 2026: UMNO paid the fine, the High Court issued its discharge order and the Attorney General's Chambers called for house arrest to be deferred.

The January 2024 pardon halved the prison term. It also cut the fine by RM160 million, from RM210 million to RM50 million. The September 2026 decision then provided for the remaining SRC sentence to be served at home, subject to its conditions.

The wider 1MDB scandal concerned an investment fund established in 2009 under Najib to support infrastructure and urban development. US investigators estimated that as much as US$4.5 billion was diverted, with more than US$1 billion allegedly reaching accounts linked to Najib.

Prosecutors described money moving through shell companies and complex transactions, with proceeds used for luxury property, a yacht and valuable artworks. Financier Jho Low, accused of organising the scheme, remains a fugitive. Najib says he has been made a scapegoat for the wider operation.

Key Points

• The Attorney General's Chambers called for Najib's house arrest to be deferred after UMNO paid his RM50 million fine.
• The central question is whether payment completes the SRC International sentence or allows it to continue at home until August 23, 2028.
• The answer affects the timing of a separate prison sentence of 15 years in the 1MDB case.
• Najib's lawyers say the chambers cannot delay the pardon and should take its questions to the High Court.
• His Taman Duta residence has been declared a prison under the Prisons Act 1995.
• Transport Minister Anthony Loke says he will resign when Najib begins house arrest.
• Najib's legal team confirmed he remained at Kajang Prison following the deferment.