Federal Territories mufti Ahmad Fauwaz Fadzil Noor has suggested that girls involved in underage consensual sex should also bear responsibility, rather than being fully absolved of blame under current laws.
He noted that civil law tends to focus primarily on prosecuting the male party in such cases, while protecting the female. However, he argued that this approach does not reflect the reality of situations where both parties may have been complicit.
He said that the situation presently appears to suggest that the law is biased, punishing only one party even though both are morally culpable.
Such an approach does not resolve the underlying problem, he said, explaining that rape or sexual intercourse between non-marital partners, whether consensual or not, is clearly contrary to Islamic teachings.
“If women are found guilty, they too must be punished. For instance, if a woman is convicted of fornication, she is subject to the same penalty.
”In cases of consensual underage sex, while civil law protects the female party, it should not absolve her of moral or legal accountability if she was complicit. Punishing both sides appropriately sends a stronger educational and deterrent message.
“Exempting certain groups from punishment risks encouraging repeat offences. It also ignores the reality that in many cases, both parties willingly participate, even if one is underage.
“Punishing both parties reinforces that such crimes are not gender-specific but moral and legal violations by anyone who breaches the law,” he said on the Federal Territories Mufti Office’s website.
The article was also shared on the Pejabat Mufti Wilayah Persekutuan Facebook page.
Holding every individual accountable
Fauwaz, however, added that the authorities may also rightfully impose harsher penalties on men who exploit underage girls.
“This is because girls under 16 are not yet mature enough to make sound judgments, whereas men bear the duty to guide and protect, not harm,” he added.
He called for more proportionate punishments to be imposed on all parties involved, adding that exempting one side will not resolve the issue but open the floodgates for more crimes.
He said the application of punishment in Islam also aligns with hifz al-amn (preservation of social order).
“Exempting any party found guilty from punishment contradicts this principle. It also goes against the maqasid ‘imarah, which holds every individual accountable for cultivating goodness on earth and preventing wrongdoing.
“Islamic law aims to provide education (ta’dib) to both offenders and society as a whole, so that crimes are not repeated.
“Therefore, granting immunity from punishment to only one party is seen as inconsistent with the objectives and principles of Islamic jurisprudence,” Fauwaz added.
Kelantan police chief’s proposal
His statement today appeared to be justifying Kelantan police chief Yusoff Mamat’s suggestion that girls involved in statutory rape cases should be charged alongside the adult male perpetrator.
Yusoff argued for the consideration of his proposal by saying nearly 90 percent of statutory rape cases are consensual, based on investigations.
His statement, however, was met with backlash, with DAP national adviser Lim Guan Eng urging him to withdraw his suggestion, labelling it as “outrageous”.
Lim said that the intention behind the law at present is to protect young girls from sexual exploitation due to their age, as they are not mature and knowledgeable enough to be able to decide on their own to consent to sexual relationships.
Expressing similar sentiments, Lawyers for Liberty co-founder Latheefa Koya deemed the police’s suggestion as “beyond ridiculous”, highlighting the logic behind current laws on rape that do not criminalise female victims.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said also appeared to dismiss Yusoff’s sentiment, adding that the government remains committed to upholding international standards in cases of rape, particularly those involving minors.
“For now, we adhere to the international standard that ‘statutory rape is statutory rape’.
“I don’t think we will be shifting away from that position,” Bernama reported her as saying, after attending the Malacca and Negeri Sembilan-level Anti-Bullying Tribunal Townhall session at the Al-Azim Mosque Auditorium in Malacca today. - Mkini
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