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An Islamic Jurisprudential Evaluation of the Offence of Physical Sexual Assault in Act 792
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An Islamic Jurisprudential Evaluation of the Offence of Physical Sexual Assault in Act 792
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Journal Article
An Islamic Jurisprudential Evaluation of the Offence of Physical Sexual Assault in Act 792
2025
Overview
The increasing prevalence of physical sexual assault against children in Malaysia necessitates a comprehensive legal framework for more effective protection. The enactment of the Sexual Offences Against Children Act 2017 (Act 792) underscores Malaysia s commitment to addressing this issue. However, there is an urgent need to examine Islamic legal provisions to establish a more holistic approach. Despite its significance, figh discourse on this crime is relatively limited and requires deeper analysis. This study seeks to examine the provisions of Act 792 in relation to the figh perspective on the crime of physical sexual abuse against children. The study utilises content analysis centred on pertinent subjects related to physical interactions with children. The sources include classical figh texts from the four major Schools, Hanafi, Maliki, Shafi 'i, and Hanbali, along with contemporary figh references. The research shows that Act 792 and figh both rely on physical contact and sexual intent as basic criteria for identifying offences. However, Act 792 provides a more thorough categorisation of these offences. In contrast, figh adopts a broader, more generalised approach. This study proposes the harmonisation of figh principles within Act 792 to enhance child protection through a more comprehensive legal framework. Such an integration would ensure a more robust and culturally relevant legal response to child sexual offences in Malaysia.
