The Position of Illicit Sexual Relation in Islamic and Malaysian Laws

Abstract

This academic project attempts to examine the nature of the illicit sexual intercourse and the basis of the illicit sexual prohibition Then, this academic project also will show whether the offender of illicit sex should be punished, and to identify the differences and similarities between the Islamic and Malaysian laws with regard to the illicit sex. Today, even though there are some laws legislated by the government, illicit sexual relation is still becoming one of the most critical problems in our country. This paper consists of three chapters. In the first chapter, it talks about the position of illicit sex in Islamic law, which includes the meaning of illicit sexual relation, the prohibition of illicit sexual activities, and also the punishment of illicit sexual offenses. The second chapter discusses about the position of illicit sexual relation in Malaysian Law, which also includes the meaning of illicit sexual relation, the prohibition of illicit sexual activities, the related offenses and the punishment of illicit sexual offenses. The third chapter compares the Islamic with the Malaysian laws regarding to the illicit sexual offenses, which includes the similarities and the differences, focusing on the meaning of illicit sexual problem, the sources of prohibition, the related offenses in illicit sexual problem and also the punishment for the illicit sexual offenses. In order to finish the research, the process of documentation and research methodology in the form of library research and literature review have been adapted. Through this research the writer found that the Malaysian law is not sufficient to solve an illicit sexual problem because the provided punishment for illicit sexual offenses is too light compared with the prescribed punishment in Islamic law.