IPOH: Perak Islamic religious department (JAIPk) director Harith Fadzilah Abdul Halim said Muslim men in Perak can be tried for enticing married women under state shariah law.
Harith said Section 30 of the Perak Shariah Criminal Offences Enactment 1992 was still applicable.
“According to Section 30(1), anyone who entices a married woman or takes her away from or in any way influences her to leave the matrimonial home determined by her husband is guilty of an offence.
“If convicted, the offender may be liable to a fine not exceeding RM5,000 or imprisonment for a period not exceeding three years, or both, and the court shall order the woman to return to her husband,” he said today.
On Dec 21, Terengganu chief shariah judge Wan Zakri Wan Mohd said men in the state could be charged with enticement under state shariah law.
The statements come in response to the Dec 15 Federal Court ruling, which said Section 498 of the Penal Code was unconstitutional, on the grounds that it was unjustly discriminatory solely based on gender, contravening Article 8(2).
The unanimous decision was rendered by Chief Justice Tengku Maimun Tuan Mat, alongside Chief Judge of Malaya Zabidin Diah and Federal Court Judges Harmindar Singh Dhaliwal, Abu Bakar Jais, and Abdul Karim Abdul Jalil.
The panel made the ruling after granting the application of a businessman who sought clarification on the constitutionality of Section 498, citing its conflict with Article 8(1)(2) of the Federal Constitution, which covers equality before the law and gender discrimination. - FMT
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