THE Pakatan Harapan government has no plans to amend the law to criminalise marital rape, its deputy minister in charge of law told the Dewan Rakyat today.
Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin said it was difficult to prove the crime and the chances are higher that the husbands accused of raping their wives will end up walking free, he said during question time.
A parliamentary select committee that was studied provisions for marital rape in July 2016 ended up disagreeing with criminalising it, he added.
“What’s the use of putting in a law when the chance of conviction is low?”
He also said in Malaysia, there was only one case of marital rape that was brought to court involving a foreign couple.
“The victim later retracted her report and the husband was acquitted,” he said when answering Maria Chin Abdullah (PH-Petaling Jaya), who had brought up the matter.
Chin had also asked the government if it had plans to relook Section 375 of the Penal Code that gave immunity to husbands who are accused of raping their wives.
She argued that the existing laws are unfair to women victimised by their husbands and that there are no appropriate penalties against the violent spouse.
Hanipa reiterated that the government is not making any new decisions on the matter.
But he confirmed that it remains an offence if a husband injures his wife with the intention of having sexual intercourse.
This is punishable under Section 375A of the Penal Code, which carries a jail term not exceeding five years.
Earlier, Hanipa cited English barrister Sir Matthew Hale, who once wrote that “a husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract”.
He said the Quran also stated that marriages must be based on love and consent, and there should be no “spousal rape”, a term he said had been introduced by the West.
Hanipa also cited Prophet Muhammad’s last sermon in the Hadith, which stated: “Remember that you have taken them as your wives, only under Allah’s trust and with His permission.”
The deputy de facto law minister, who is also a lawyer by training, said this means that husbands are not allowed to be violent towards their wives.
“Islam has provided guidance on this matter.” – October 30, 2018.
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Comments
If martial rape is a crime and there must be laws to protect the victims...
Then find ways and have discussions with Tommy Thomas on how best to amend the laws to bring justice to the victims and put criminals behind bars.
The deputy minister is a very I sensitive and callous in nature for making such a comment. Show some concern dungu!!!
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