Keeping Islamic law only alive is not enough in today’s context. Islamic law needs to be transformed to meet challenging ends inside and outside Malaysia. To meet this end and in order to promote harmonization between Islamic laws and procedures across different states in Malaysia, a body that operates at the federal level has been established. Such a federal body is called the Shari’ah Judiciary Department of Malaysia (Jabatan Kehakiman Shari’ah Malaysia) (JKSM). This chapter looks into the endeavors undertaken by JKSM to achieve its objectives.
Sexual abuse against children in Malaysia has been consistently on the rise. The Ministry of Women, Family and Community Development, Malaysia has stated that a total of 1,721 cases of sexual crimes against children were recorded in the first half of 2020. Most offenders in such cases were family members, guardians and those close to the children. This is an alarming number. Islam treats sexual abuse against children as a serious offence that must be strictly curbed. In Islam, any sexual activity out of wedlock is condemned and considered as a punishable act. It is even worse when the act is committed against the will of victim or it is committed against those who are physically and mentally weak as well as those whose consent is not yet valid such as children. This article discusses measures to prevent sexual abuse against children which are derived from the Shari`ah principles. It adopts a doctrinal study of existing primary and secondary materials relating to theories of victimization and methods to prevent criminal victimization against children from the Islamic perspectives. Hence, Shari’ah texts and juristic views on the relevant issues are essential to be analysed. The finding of this article confirms that Islam has a unique approach to deal with this issue and to even prevent the crime before it is committed. Islam suggests proactive steps that could be observed by individuals, guardians, the community as well as authorities concerned to ensure that the children are protected and do not become gullible victims.
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