KUALA TERENGGANU – Despite the Federal Court’s repeal of Section 498 of the Penal Code – which pertains to the offence of enticing married women – Muslim men in Terengganu may still face prosecution for such acts under the state’s shariah 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 Shariah Criminal Offences Enactment 2001.
Wan Zakri explained the distinctive nature of the shariah legal system, emphasising that, according to Islamic law, a wife is considered to belong to her husband, who bears full responsibility for her.
“According to the (Terengganu) enactment, the shariah court can order the woman involved to return to obeying her husband while the male accused, if convicted, can be fined not more than RM5,000 or sentenced to three years in prison, or both,” he said.
He was speaking to reporters at a ceremony to hand out assistance from the Terengganu Shariah Justice Department’s family support division to 21 single mothers here today.
Wan Zakri said, however, that the shariah court in Terengganu had not recorded any prosecution cases related to the crime so far.
The Federal Court’s ruling on December 15 deemed Section 498 of the Penal Code unconstitutional, hence judicially repealing it.
The court found that the section was in violation of the federal constitution as it unjustly discriminated solely based on gender, contravening Article 8(2).
The unanimous decision was rendered by Chief Justice Tun Tengku Maimun Tuan Mat, alongside Chief Judge of Malaya Tan Sri Mohamad Zabidin Mohd Diah and Federal Court judges Datuk Harmindar Singh Dhaliwal, Datuk Abu Bakar Jais and Datuk Abdul Karim Abdul Jalil.
The panel made the ruling after granting the application of a businessman who sought clarification on the constitutionality of Section 498, citing its conflict with Articles 8(1) and (2) of the constitution, which pertain to equality before the law and gender discrimination. – December 21, 2023