Federal Court Ruling Sees Removal Of Pre-Merdeka Law On Seducing Married Women

December 16, 2023

Federal Court Ruling Sees Removal Of Pre-Merdeka Law On Seducing Married Women

Federal Court Ruling Sees Removal Of Pre-Merdeka Law On Seducing Married Women© Provided by The Rakyat Post

The Federal Court has ruled to abolish the section that criminalizes a man seducing a married woman, under Section 498 of the Penal Code.

The decision was made unanimously by a panel of five judges led by the Chief Justice, Tun Tengku Maimun Tuan Mat, citing its unconstitutional nature and violation of gender equality principles.

Persuading, luring, or unlawfully holding a married woman with criminal intent is considered a violation of Section 498 of the Penal Code.

Upon being found guilty, the individual could face a maximum sentence of two years in prison, a fine, or both.

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The court stated that it needed to examine whether Section 498 of the Penal Code infringed upon the constitutional right to equality before the law, as outlined in Articles 8(1) and 8(2) of the constitution.

Kosmo reported that the ruling follows a case in which a 53-year-old man sought the Federal Court’s decision after being charged in the Petaling Jaya Magistrate’s Court in 2020.

He was accused of seducing a married woman in a Selangor apartment in 2018, following a police report made by the woman’s husband.

The offence, under Section 498 of the Penal Code, carries a maximum penalty of two years’ imprisonment or a fine if convicted.

Meanwhile, netizens are discussing whether this implies an endorsement of extramarital affairs.

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Some have suggested that it’s important to fully comprehend the context of the ruling before drawing conclusions.

tlg bgtau apa yg salah dgn headline ni

— ⓢⓐⓛⓐⓓ ⓑⓐⓔ (@syaz4u) December 15, 2023

Several government departments and agencies have issued a stern warning to civil servants, advising them against engaging in extramarital relationships with married colleagues.

Notices have been circulated by the integrity units of various government departments, with some even recently shared on social media platforms.

The notice emphasizes that engaging in relationships with married colleagues is a disciplinary offence and, for those of the Islamic faith, a violation of Sharia law.

Reportedly, departments such as the Royal Malaysian Customs Department, the Department of Agriculture, and the Federal Territories Islamic Religious Department (Jawi) are among those who have issued such notices.

The reason behind the issuance of these notices remains unclear.

However, it is speculated that recent viral social media scandals involving affairs between co-workers and married individuals may have prompted this action.