Kelantan mufti Shukri Mohamed has called for a careful and comprehensive study of a controversial proposal suggesting that underage girls engaged in consensual sex should also face legal consequences when their partners are charged under statutory rape provisions.
The proposal was recently put forward by Kelantan police chief Yusoff Mamat, who argued that teenagers needed a stronger deterrent against involvement in sexual activities. He claimed that nearly 90% of statutory rape cases reported in the state involved consent by both parties, though the current legal framework overwhelmingly targets male offenders.
Responding to this suggestion, Shukri said that while Yusoff’s remarks reflected a personal view, they raised important legal and moral questions, particularly in balancing civil and syariah perspectives on the issue. He stressed that the existing laws might warrant a review to ensure that justice is served fairly for all parties involved.
The mufti further underlined the need for stronger parental involvement in addressing cases of underage sex. He warned that tackling such matters only after offences occur was insufficient, adding that prevention should be the central focus. Drawing a parallel to the fight against drugs, Shukri argued that enforcement alone was not enough. Instead, instilling values and strengthening faith from an early age—particularly through schools—was critical in addressing the root causes of social problems.
Yusoff’s proposal has sparked debate, with some viewing it as a necessary warning to curb the rise of teenage sexual activity, while others caution that punishing underage girls could further victimize them. The Penal Code currently defines sexual activity with a girl under the age of 16 as statutory rape, regardless of consent, thereby protecting minors on the basis of their inability to fully consent under the law.
Shukri maintained that a balanced approach was necessary, one that does not absolve teenagers of responsibility while still ensuring they are not unfairly criminalized. He reiterated that society must focus not only on punishment but also on cultivating a strong moral foundation to prevent such incidents from arising in the first place.
The proposal, still at the discussion stage, is likely to continue drawing scrutiny as policymakers, religious authorities, and child rights advocates consider the broader implications for justice, child protection, and social values.
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