Consent issue and determination of a girl`s age in Malaysian statutory rape law: an analysis from shariah perspective
The statutory rape under section 375 (g) of the Malaysian Penal Code refers to the intercourse of a man with a woman under the age of 16 either by the consent of the woman or without her consent. It is also known as underage rape where the element of the woman's consent is considered immater...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Usuli Faqih Research Centre PLT
2018
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/71163/ http://irep.iium.edu.my/71163/ http://irep.iium.edu.my/71163/1/71163_CONSENT%20ISSUE%20AND%20DETERMINATION%20OF%20A%20GIRL%60S%20AGE_article.pdf |
| Summary: | The statutory rape under section 375 (g) of the Malaysian Penal Code refers to
the intercourse of a man with a woman under the age of 16 either by the consent
of the woman or without her consent. It is also known as underage rape where
the element of the woman's consent is considered immaterial in law. However,
based on the statistics and reports obtained from the Royal Malaysian Police
(PDRM), the vast majority of these statutory rape cases are voluntary and
consensual sexual intercourse between teenage couples, supposedly based on
love. In fact, according to reports, the age limit of adolescent girls involved in
this voluntary sex activity is around 13 to 15 years old, with a majority of whom
are Muslim. Hence, it raises questions that need to be considered from the
Shariah point of view. This paper aims to examine the consent issue (concept of
willingness) and the age limit of adolescent girls contained in statutory rape
laws from a perspective of Shariah perspective. A qualitative approach with
content analysis study design is used as a methodology of this study. Secondary
data that is the law and classical and contemporary Fiqh law has been used in
the collection of research data. It is also supported by statistical data obtained
directly from interviews with PDRM officers. The data were analyzed thematic
and assisted by Atlas.ti software as facilitator tool. The findings show that
consent issue and age limits of the girls in statutory rape laws in Malaysia are
less relevant to today's developments, even less in accordance with Shariah
principles. Therefore, proposals are proposed to harmonize this statutory rape
law with Shariah principles for the sake of well-being and to preserve the dignity
of women and to care for the offspring (hifz al-nasl). |
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