In the wake of the Federal Court's recent decision to declare Section 498 of the Penal Code unconstitutional, Datuk Mohd Na’im Mokhtar, the Minister in the Prime Minister’s Department (Religious Affairs), has called upon all parties to respect the court's ruling. This section previously criminalized a man's act of enticing a married woman.
Expressing the department's acknowledgment and reverence for the court's decision, Mohd Na’im emphasized that the judgment was derived from the judge's extensive knowledge, experience, and judicious interpretation of the Federal Constitution and prevailing laws. "From an Islamic perspective, the sanctity of marital bonds and household harmony are paramount. Islam unequivocally prohibits acts that disrupt the marital union or attempt to dismantle familial ties," Mohd Na’im stated in a recent release.
Highlighting the provisions within shariah law, he pointed to the Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559). This legislation delineates specific offenses that disrupt domestic tranquility, such as luring a married woman to elope (Section 36), obstructing a married couple's cohabitation (Section 37), and instigating marital discord (Section 38). Mohd Na’im underscored that these clauses indirectly fortify marital harmony, aligning with shariah principles.
Despite the repeal of Section 498, Mohd Na’im reassured that the Prime Minister’s Department (Religious Affairs) and affiliated agencies, including the Department of Islamic Development Malaysia (Jakim), the Federal Territories Islamic Religious Department (Jawi), and the Islamic Dakwah Foundation Malaysia (YADIM), remain steadfast in their commitment to bolstering family institutions. Their ongoing initiatives emphasize values like sakinah, mawaddah, and rahmah — cornerstones that enrich marital relationships and familial bonds.
Moreover, Mohd Na’im issued a heartfelt call to the Muslim community, particularly married couples, urging collective efforts to uphold family values. Emphasizing the pivotal role of families in nurturing the next generation — termed as the Al-Falah generation — he encouraged individuals to embrace and practice Islamic teachings, fostering mutual respect and moral growth. "Our religious agencies, coupled with Islamic organizations and mosque administrations, must amplify educational campaigns. These initiatives aim to instill a deep-seated appreciation for family integrity, paving the way for a harmonious and prosperous communal life," Mohd Na’im asserted.
The Federal Court's ruling on December 15 invalidated Section 498 of the Penal Code, with Chief Justice Tun Tengku Maimun Tuan Mat leading a unanimous decision. The court deemed the section unconstitutional, citing its discriminatory nature based solely on gender, which contravenes Article 8(2) of the Federal Constitution.
In conclusion, while the legal landscape undergoes changes, Mohd Na’im’s message underscores a continuous commitment to family values and harmony. Through education, advocacy, and adherence to Islamic principles, stakeholders aim to cultivate a society where familial bonds remain sacrosanct, reflecting both legal prudence and religious reverence.
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