It is undeniable that offences committed by young offenders in Malaysia are increasing. Progress in technology and development in IT has exposed our youngsters to various violent related programmes. The type of offences committed differs from the early days. Thus, it is timely to examine the existing legal framework and to suggest reforms to the system so that the aspects relating to punishment of young offenders can be reviewed. This is necessary to ensure that the punishment is deterrent and rehabilitative whilst at the same time, it would safeguard the interests and welfare of young offenders. This paper examines the application of the law pertaining to the criminal liability of young offenders and their positions in both the civil and sharīʿah systems.
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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