Respect court's decision abolishing law on enticement of married women, says Mohd Na'im

PUTRAJAYA: All parties are urged to respect the Federal Court's ruling that Section 498 of the Penal Code, which makes it a crime for a man to entice a married woman, is unconstitutional.

Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said his department is aware of and respected the decision, which was made based on the knowledge, experience and wisdom of the judge, guided by the provisions of the Federal Constitution and the law.

"However, Islam places great importance on household harmony and the marriage bond between husband and wife. Islam forbids the act of seducing someone's wife or any attempt to destroy a family," he said in a statement on Friday (Dec 22).

He said that under Syariah law, the Syariah Criminal Offences (Federal Territories) Act 1997 has stipulated the act of disturbing domestic harmony as an offence.

"It is as provided under Section 36, regarding the offence of seducing a married woman to elope; Section 37 on the offence of preventing a married couple from living as husband and wife and Section 38 on inciting a husband or wife to divorce or neglect their obligations," he said.

Mohd Na'im said these provisions could indirectly safeguard marital harmony.

He said that the repeal does not affect the role of the Prime Minister's Department (Religious Affairs) and related agencies such as the Malaysian Islamic Development Department (Jakim), the Federal Territories Islamic Religious Department (Jawi) and the Islamic Dakwah Foundation Malaysia (Yadim), to continue implementing family institution strengthening programmes which appreciate the values of sakinah, mawaddah and rahmah.

He also called on Muslims, especially married couples, to join hands to fulfil their respective obligations and mutually strengthen the family institution, for the sake of the children and Al-Falah generation, in addition to improving each other's morals in their daily interactions to always be in line with Islamic teachings.

"Religious agencies, together with Islamic organisations and mosque management, are urged to intensify education programmes, for the community to appreciate the importance of the integrity of a family for the sake of a prosperous life," said Mohd Na'im.

In a unanimous decision, the Federal Court, on Dec 15, repealed Section 498 of the Penal Code, ruling it as unconstitutional.

Chief Justice Tun Tengku Maimun Tuan Mat said that the panel held the section as unconstitutional as it unlawfully discriminates only on the grounds of gender, which violates Article 8(2) of the Federal Constitution. – Bernama