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- Title
KEPERLEMBAGAAN SEKSYEN 498 KANUN KESEKSAAN: ANALISIS JURISPRUDENS WATAN.
- Authors
Fauzi Bin Hashim Wan Husain, Wan Ahmad
- Abstract
While Muslims in Malaysia are not yet overcome by shock due to Nik Elin's lawsuit, the atmosphere is re-heated by the repeal of section 498 of the Penal Code by the recent Federal Court’s interpretation. Such development attracted the public to inquire more about the Federal Constitution, especially the position on Islamic law. Section 498 touches on criminal offences that punish men who entice married women with the intent to have illicit intercourse. This article aims to analyse the constitutionality of section 498 of the Penal Code viewed from Article 8(5)(a) and Article 11(5) of the Federal Constitution. The methodology of this study is doctrinal research using Watanic jurisprudence. Although this article touches on the interpretation of section 498 of the Penal Code, it is not intended to discuss the facts of the case in trial at the time this article was written. The analysis here also does not touch on whether the position of the Penal Code, being the existing law, is subject to Article 162(6). However, the repealing effect of section 498 has been duly analysed. The findings show that the essence of section 498 is based on the teachings of Islam, and a similar provision is stipulated in the Law of the Pahang, Johor, and Perak Codes. It is mandatory for preserving personal law and upholding the principles of morality in accordance with customs and religious beliefs.
- Subjects
PAHANG; CRIMINAL codes; JURISPRUDENCE; ETHICS
- Publication
Malaysia Journal Syariah & Law, 2023, Vol 11, Issue 2, p405
- ISSN
1985-7454
- Publication type
Article
- DOI
10.33102/mjsl.vol11no2.692