Statutory Rape and Juvenile Male Offenders: A Maqasid al-Shariah Analysis of Rights and Legal Status in the Malaysian Legal System

This study offers a critical re-examination of Malaysia’s statutory rape laws, focusing on the unintended consequences for juvenile males prosecuted under Section 375(g) of the Penal Code. While these strict liability provisions are intended to safeguard minors from sexual exploitation, they often fail to distinguish between coercive abuse and consensual relationships among peers, resulting in the criminalisation of adolescent males who are themselves minors. Through a doctrinal and comparative legal analysis, the research highlights the dissonance between current punitive approaches and the principles of justice embedded in Maqasid al-Shariah, particularly ḥifẓ al-nasl (protection of lineage), ḥifẓ al-‘ird (protection of dignity), and al-‘adl (justice). The study further explores the inconsistencies arising from Malaysia’s dual legal system and contrasts these with close-in-age exemptions applied in other jurisdictions, which offer a more balanced response. Findings reveal that the existing legal framework leads to significant psychological, social, and developmental harm for young offenders, exacerbating stigma and long-term disadvantage. The paper advocates for comprehensive reform, including introducing close-in-age exemptions, gender-neutral statutory provisions, and rehabilitative justice measures. By integrating Islamic ethical objectives, human rights norms, and contemporary insights into adolescent development, the study proposes a recalibrated approach that upholds child protection and equitable justice within Malaysia’s legal landscape.

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Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-01-01
DOI
https://doi.org/10.47772/ijriss.2025.907000223
Primary Topic
Linguistic, Cultural, and Literary Studies
Type
article
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article

Statutory Rape and Juvenile Male Offenders: A Maqasid al-Shariah Analysis of Rights and Legal Status in the Malaysian Legal System

Mohd Harifadilah Rosidi, Mudasir Nazir, Ahmad Ikmal Hishammudin, Muhammad Danish Idraak Muhamad Syazwan et al.
International Journal of Research and Innovation in Social Science
Linguistic, Cultural, and Literary Studies
article

Statutory Rape and Juvenile Male Offenders: A Maqasid al-Shariah Analysis of Rights and Legal Status in the Malaysian Legal System

Mohd Harifadilah Rosidi, Mudasir Nazir, Ahmad Ikmal Hishammudin, Muhammad Danish Idraak Muhamad Syazwan, Ahmad Amjad Ahmad Shafrin
article en

Abstract

This study offers a critical re-examination of Malaysia’s statutory rape laws, focusing on the unintended consequences for juvenile males prosecuted under Section 375(g) of the Penal Code. While these strict liability provisions are intended to safeguard minors from sexual exploitation, they often fail to distinguish between coercive abuse and consensual relationships among peers, resulting in the criminalisation of adolescent males who are themselves minors. Through a doctrinal and comparative legal analysis, the research highlights the dissonance between current punitive approaches and the principles of justice embedded in Maqasid al-Shariah, particularly ḥifẓ al-nasl (protection of lineage), ḥifẓ al-‘ird (protection of dignity), and al-‘adl (justice). The study further explores the inconsistencies arising from Malaysia’s dual legal system and contrasts these with close-in-age exemptions applied in other jurisdictions, which offer a more balanced response. Findings reveal that the existing legal framework leads to significant psychological, social, and developmental harm for young offenders, exacerbating stigma and long-term disadvantage. The paper advocates for comprehensive reform, including introducing close-in-age exemptions, gender-neutral statutory provisions, and rehabilitative justice measures. By integrating Islamic ethical objectives, human rights norms, and contemporary insights into adolescent development, the study proposes a recalibrated approach that upholds child protection and equitable justice within Malaysia’s legal landscape.

International Journal of Research and Innovation in Social ScienceVol. IX(VII)
Gender equality
Openalex Percentile: Top 72%
Linguistic, Cultural, and Literary Studies
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Statutory Rape and Juvenile Male Offenders: A Maqasid al-Shariah Analysis of Rights and Legal Status in the Malaysian Legal System — Mohd Harifadilah Rosidi, Mudasir Nazir, et al. · International Journal of Research and Innovation in Social Science (2025) | TGRS Research Map | TGRS