PETALING JAYA: The religious affairs minister has urged all parties to respect the Federal Court’s ruling that Section 498 of the Penal Code, which makes it a crime for a man to entice a married woman, is unconstitutional.
However, Na’im Mokhtar said disturbing domestic harmony remains an offence in the eyes of Islamic law.
“Islam places great importance on household harmony and the marriage bond between a husband and wife.
“Islam forbids seducing someone’s wife or any attempt to destroy a family,” Bernama reported him as saying.
Na’im said the Syariah Criminal Offences (Federal Territories) Act 1997 designates the act of disturbing domestic harmony as an offence.
“It is provided under Section 36, regarding the offence of seducing a married woman to elope.
“Section 37 deals with the offence of preventing a married couple from living as husband and wife and Section 38 is on inciting a husband or wife to divorce or neglect their obligations,” he said.
Na’im said his department respected the Federal Court’s decision, which was based on the judge’s knowledge, experience and wisdom and guided by the Federal Constitution and law.
However, he said that the repeal does not affect the role of the Prime Minister’s Department (religious affairs) and related agencies, such as the Islamic development department, to continue implementing programmes to strengthen the family institution.
“Religious agencies, together with Islamic organisations and mosque managements, are urged to intensify education programmes for the community to appreciate the importance of family integrity,” said Na’im.
The Federal Court had on Dec 15 repealed Section 498 of the Penal Code as being unconstitutional.
Chief Justice Tengku Maimun Tuan Mat, in a unanimous decision, said the section unlawfully discriminates on the grounds of gender, which is in violation of Article 8(2) of the Federal Constitution.
