PUTRAJAYA: All parties have been 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 it was aware of as well as respected the Federal Court’s decision, which was made based on the knowledge, experience and wisdom of the judges, guided by the provisions of the Federal Constitution and the law.
“However, if viewed from the aspect of Islamic law, 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 yesterday.
He said the Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) had stipulated the act of disturbing domestic harmony as an offence.
“It is provided under Section 36 on 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.
These provisions, said Mohd Na’im, could indirectly safeguard marital harmony in accordance with Syariah requirements.
The repeal, he said, would not affect the role of the Prime Minister’s Department (Religious Affairs) and related agencies, such as the Islamic Development Department of Malaysia (Jakim), the Federal Territories Islamic Religious Department (Jawi) and the Islamic Dakwah Foundation Malaysia (Yadim) in continuing to implement family institution-strengthening programmes that appreciated the values of sakinah (love), mawaddah (affection) and rahmah (compassion).
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 their children and Al-Falah generation, in addition to improving each other’s morals in their daily interactions so that these were always in line with Islamic teachings.
“Together with Islamic organisations and mosque management, religious agencies are urged to intensify education programmes for the community to appreciate the importance of the family’s integrity for the sake of a prosperous life,” said Mohd Na’im.
On Dec 15, the Federal Court repealed Section 498 of the Penal Code as it is unconstitutional.
In a unanimous decision, Chief Justice Tun Tengku Maimun Tuan Mat said it held Section 498 as unconstitutional as it unlawfully discriminated only on the grounds of gender, which is in violation of Article 8(2) of the Federal Constitution.
However, Terengganu said Muslim men in the state might still face prosecution for such acts under its Syariah criminal law.
Terengganu Chief Syarie Judge Datuk Wan Mohd Zakri Wan Mohd said those engaging in such acts could be charged under Section 43 of the Terengganu Syariah Criminal Offences Enactment 2001.
