The rape law in Malaysia from shariah perspective: the need for harmonisation

According to sections 375 of Malaysia Penal Code, rape is defined as an unlawful sexual intercourse between a man and a woman without the latter’s consent and against her will. The latest amendments to section 375 and 376 Penal Code were made in 2014. However, from the statistical data obtained by t...

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Main Authors:	Nur Aina, Abdullah, Haneef, Sayed Sikandar Shah
Format:	Book Chapter
Language:	English
Published:	Penerbit USIM, Universiti Sains Islam Malaysia 2018
Subjects:	KBP Islamic Law KBP470 Law reform. Criticism. Tanzim KBP524 Aḥwāl shakhṣīyah
Online Access:	http://irep.iium.edu.my/68927/ http://irep.iium.edu.my/68927/ http://irep.iium.edu.my/68927/1/68927_The%20rape%20law%20in%20Malaysia%20from%20shariah%20perspective.pdf

id	iium-68927
recordtype	eprints
spelling	iium-689272019-01-03T08:21:26Z http://irep.iium.edu.my/68927/ The rape law in Malaysia from shariah perspective: the need for harmonisation Nur Aina, Abdullah Haneef, Sayed Sikandar Shah KBP Islamic Law KBP470 Law reform. Criticism. Tanzim KBP524 Aḥwāl shakhṣīyah According to sections 375 of Malaysia Penal Code, rape is defined as an unlawful sexual intercourse between a man and a woman without the latter’s consent and against her will. The latest amendments to section 375 and 376 Penal Code were made in 2014. However, from the statistical data obtained by the Royal Malaysian Police (PDRM), the number of rape cases are still staggeringly on the rise. Therefore, the application of such a law raises numerous juridical questions. Accordingly, the main purpose of this paper is to analyse the rape law in Malaysia based on the most crucial issues that have been discussed in the related journals, articles and books. Rape law in Malaysia involves three main issues: First; the rapist being under the age of thirteen, Second; the issue of girls age of consent in statutory rape, Third; the rape punishment. The methodology of this paper is using an exploratory qualitative research approach and adopting the content analysis design. The data is collected from the related journals, articles and books. It is analysed thematically and assisted by computer software tool, Atlas.ti, to make it more efficient. The statistical data obtained from the Royal Malaysian Police (PDRM) are also analysed to support the main data. The findings show that there is a serious need to reform the rape law in order to curb the rape problem and protect the lineage (hifz al-nasl). This paper proposes that the solution lies on harmonization between the Malaysia rape law and the Shariah principles on the three main issues as mentioned above. Penerbit USIM, Universiti Sains Islam Malaysia 2018 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/68927/1/68927_The%20rape%20law%20in%20Malaysia%20from%20shariah%20perspective.pdf Nur Aina, Abdullah and Haneef, Sayed Sikandar Shah (2018) The rape law in Malaysia from shariah perspective: the need for harmonisation. In: Contemporary and emerging issues in Syariah and law. Penerbit USIM, Universiti Sains Islam Malaysia, Bandar Baru Nilai, Negeri Sembilan, pp. 261-268. ISBN 978-967-440-588-5 http://www.penerbit.usim.edu.my
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law KBP470 Law reform. Criticism. Tanzim KBP524 Aḥwāl shakhṣīyah
spellingShingle	KBP Islamic Law KBP470 Law reform. Criticism. Tanzim KBP524 Aḥwāl shakhṣīyah Nur Aina, Abdullah Haneef, Sayed Sikandar Shah The rape law in Malaysia from shariah perspective: the need for harmonisation
description	According to sections 375 of Malaysia Penal Code, rape is defined as an unlawful sexual intercourse between a man and a woman without the latter’s consent and against her will. The latest amendments to section 375 and 376 Penal Code were made in 2014. However, from the statistical data obtained by the Royal Malaysian Police (PDRM), the number of rape cases are still staggeringly on the rise. Therefore, the application of such a law raises numerous juridical questions. Accordingly, the main purpose of this paper is to analyse the rape law in Malaysia based on the most crucial issues that have been discussed in the related journals, articles and books. Rape law in Malaysia involves three main issues: First; the rapist being under the age of thirteen, Second; the issue of girls age of consent in statutory rape, Third; the rape punishment. The methodology of this paper is using an exploratory qualitative research approach and adopting the content analysis design. The data is collected from the related journals, articles and books. It is analysed thematically and assisted by computer software tool, Atlas.ti, to make it more efficient. The statistical data obtained from the Royal Malaysian Police (PDRM) are also analysed to support the main data. The findings show that there is a serious need to reform the rape law in order to curb the rape problem and protect the lineage (hifz al-nasl). This paper proposes that the solution lies on harmonization between the Malaysia rape law and the Shariah principles on the three main issues as mentioned above.
format	Book Chapter
author	Nur Aina, Abdullah Haneef, Sayed Sikandar Shah
author_facet	Nur Aina, Abdullah Haneef, Sayed Sikandar Shah
author_sort	Nur Aina, Abdullah
title	The rape law in Malaysia from shariah perspective: the need for harmonisation
title_short	The rape law in Malaysia from shariah perspective: the need for harmonisation
title_full	The rape law in Malaysia from shariah perspective: the need for harmonisation
title_fullStr	The rape law in Malaysia from shariah perspective: the need for harmonisation
title_full_unstemmed	The rape law in Malaysia from shariah perspective: the need for harmonisation
title_sort	rape law in malaysia from shariah perspective: the need for harmonisation
publisher	Penerbit USIM, Universiti Sains Islam Malaysia
publishDate	2018
url	http://irep.iium.edu.my/68927/ http://irep.iium.edu.my/68927/ http://irep.iium.edu.my/68927/1/68927_The%20rape%20law%20in%20Malaysia%20from%20shariah%20perspective.pdf
first_indexed	2023-09-18T21:37:49Z
last_indexed	2023-09-18T21:37:49Z
_version_	1777412938733191168

The rape law in Malaysia from shariah perspective: the need for harmonisation

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