Loh, Liew 1

Name : Amanda Loh Zi Yen, Justin Mark Liew

Engl 101, Section 5
Assignment 2
27 April 2017
Essay Question: Should marital rape be criminalized in Malaysia?

In almost every culture, marriage is a formally acknowledged union between two people

as partners in an intimate relationship and is historically a legal union between a man and a

woman. A marriage between a man and a woman in Malaysia is no different in legal aspects.

Nonetheless, due to cultural teachings and religious influences, certain wrongdoings in marriage

are not seen as such. This is particularly true for marital rape not being recognized as a crime in

Malaysia. No one denies that in the context of marriage, sex is a natural right for both parties, but

marital rape goes against that very right. For this reason, marital rape should be criminalized due

to inadequate laws, for violating basic human rights and for obstructing justice for victimized

women.

Firstly, it may be objected that sexual violence in marriage is already criminalized under

Section 375A of the Malaysian Penal Code. Herein it is considered a crime if a husband

threatens or causes injury to have sexual intercourse with his wife. However, according to de

facto law minister Nancy Shukri, the government has no plans to amend the law (Zahiid). Yet the

problem remains as Section 375A falls short of acknowledging other means of coercion, which

includes but are not limited to mental manipulation, emotional abuse and financial blackmailing

(Joint Action Group). Furthermore, the current law does not meet the legal obligations set by the

United Nation’s Convention on the Elimination of All Forms of Discrimination against Women 

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(CEDAW) which Malaysia sanctioned in 1995. The convention championed to end

discrimination against women worldwide and to promote national action that resolves such

prejudice. Conversely, according to Malaysia’s Ministry of Home Affairs in 2015, there has not

been a single charge registered under Section 375A since its implementation on the 7th of

September, 2007 (Lim). In short, this statistic further validates Malaysia’s inadequacy to keep its

lawful responsibilities in defending women, whether Muslim or non-Muslims in the country and

exposes a defective law.

Another argument against marital rape is that the religious leaders of Malaysia such as

the Mufti of Perak support the view that a wife’s duty is to give sexual satisfaction to the

husband. In 2015, the Mufti asserted that a Muslim woman has no right to refuse a husband’s

demand for sex, although there are some exceptions (Lim). In addition, he affirms that women

are also required to provide husbands sex, ‘even on camels’ (Lim). Justice Verma, an esteemed

Indian jurist for his work in empowering women, took note of the issue in India. He firmly states

that the view held by the Mufti is an outdated idea on marriage that degrades women to

properties for sex rather than personal human beings with equal rights (The Hindu). Moreover,

this is a violation of the most basic human right of consent and the dignity of liberty. This is best

defined and elaborated in the Declaration on the Elimination of Violence Against Women which

the United Nations High Commissioner for Human Rights published in December 1993. The

resolution is not a repetition of CEDAW but rather a strengthened constitution for all countries. It

equals depravity of liberty in a private life to violence against women and even establishes 

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marital rape as a transgression of human rights. In brief, obsolete worldview’s held by influential

leaders are a danger to the women in Malaysia’s society.

Lastly, the Prime Minister’s Department issued a parliamentary reply in August 2013

declaring their verdict to not recognize marital rape as a crime as it was against Sharia law and

other religious beliefs (Patto). In addition, many Muslims have argued that the concept of marital

rape does not exist in the Islamic law, causing division among Malaysians on the issue of marital

rape (Zahiid). However, this is a hypocritical and misinformed Islamic view. The Sisters in Islam

(SIS), an organization that promotes the rights of women in Malaysia, corrected this false

principle, announcing that marital rape is “unIslamic” (Tam). The group contended that views

which permit marital rape goes against the Al-Quran’s doctrine that teaches to maintain equality

in married relationships, in love and compassion (Tam). Furthermore, if marital rape goes

unrecognized by both the law and society, countless women will continually remain silent after

being maritally raped. Women’s Aid Organization executive director Sumitra Visvanathan,

addressed the issue revealing that a high percentage of women most certainly do not report rape

cases in the context of marriage (Bakar). To summarize, the unrecognized crime of marital rape

due to religious views obstructs justice for many victimized women.

To conclude, the criminalization of marital rape is very much needed because the act of

rape is not nullified by the legal union between the perpetrator and the victim. In fact, marriage

should never be used as a cover for men to abuse their wives. In any relationship, there should be

an element of mutual respect and love. Similarly, married couples should treat each other as 

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such, even more so than any other relationship. In addition, the women of Malaysia have a right

to protection, especially those whose reputation have been compromised by their marital status

and are now unable to find their voice. Consequently, this is a prompt to the religious leaders as

well as the government of Malaysia to realize that it is high time to amend the prevailing

loophole in the law. Not only is this necessary for Malaysia to progress as a society of the 21st

century, but also to preserve the autonomy of a woman over her body. Recognition is only but the

first step towards justice for the married victims. Hence, it is of great importance that both the

government and the citizens of Malaysia stand united so that greater awareness can take place,

stronger support can be cultivated, and women are able to be liberated from their current

circumstances worldwide.

(975 words)

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Works Cited

Jaymal Zahiid, Syed. “Marital rape will remain non-crime, law minister announces.” Malay Mail
Online. 10 June. 2015. Web. 18 Apr. 2017.

Joint Action Group (JAG). “Joint Action Group for Gender Equality (JAG) Statement on Marital
Rape”. awam.org.my. All Women’s Action Society (AWAM). 12 June. 2015. Web. 13 Apr. 2017.

Kidir Bin Abu Bakar, Sheith. “WAO: Why criminalising marital rape is important.” Free
Malaysia Today News. 23 Mar. 2017. Web. 11 Apr. 2017.

Lim, Ida. “As marital rape stays legal, MP says none ever charged with hurting wife for sex.”
themalaymailonline.com 11 June. 2015. Web. 18 Apr. 2017.

Lim, Ida. “Women must give husbands sex ‘even on camels’, Islamic scholar says.” Malay Mail
Online. 27 Apr. 2015. Web. 8 Apr. 2017.

Patto, Kasthuri. “Malaysian Government’s decision to keep Section 375 of the Penal Code is a
threat to women.” aseanmp.org. 11 June. 2015. Web. 18 Apr. 2017.

Tam, Michelle. “Sisters in Islam: Marital rape is unIslamic.” thestar.com.my 28 April. 2015.
Web. 18 Apr. 2017.

United Nations. “Declaration on the Elimination of Violence against Women.” un.org. n. d. 20

Dec. 1993. 10 Apr. 2017.

n.d . “Why Marital Rape Must Be a Crime.” The Hindu. 15 Mar. 2016. Web. 9 Apr. 2017.