Syariah lawyers support sex education as long as it is Islamic
SHAH ALAM - Sharia lawyers agree that apart from enforcement and punitive measures, comprehensive sex education is equally necessary in ensuring robust religious compliant.
However, lawyer Musa Awang was also of the opinion that any sex education involving adolescent Muslims must adheres to Islamic rules and principles.
"Comprehensive sex education according to syarak needs to be given to children from the time they start school,” said Musa who is also the president of the Sharia Lawyers Association of Malaysia.
He also congratulated Terengganu state government for their efforts in amending the Sharia Criminal Offences (Takzir) (Terengganu) Act 2001 by adding four new sections, but noted that more still needs to be done in order to better Malaysia's Islamic laws.
“At the same time, efforts to amend Act 355 (Sharia Court Jurisdiction Act 1965) so as to increase the authority of sentencing by the Sharia Court must also continue," said Musa.
Lawyer Nizam Bashir also seconded Musa's view on the need for a comprehensive sex education done within the ambit of Islamic principles.
“There are certain groups who oppose sex education and liken it to teaching thieves how to steal.
"However, if sex education were based on Islam and gives a reasonable appreciation of what is truly emphasized in Islam, perhaps it would have a greater impression on the case of extramarital children,” Nizam said.
On a poser over legal complications in cases of unwed pregnancies, Nizam explained that the father of a child born out-of-wedlock can be determined by a DNA test.
“DNA reports or examinations can be used to prove that the man in question was involved in the extramarital pregnancy," he said.
While the latest amendment of the Terengganu Sharia law criminalises those carrying unwed pregnancies, the law does not cover rape.
“Rape cases is not included and rapist will be charged accordingly,” said Terengganu State Sharia Implementation, Education and Higher Education Committee chairman Satiful Bahari Mamat.
In fact, the new amendment on unwed pregnancies also criminalised men who sired the out-of-wedlock child, said Terengganu Welfare, Women & Family Development and National Unity chairman Hanafiah Mat.
However, no punitive measures will be meted out against women who became pregnant as a result of rape.
“The woman should be guilty of having premarital sex, not rape. The decision whether is is premarital sex or rape will be determined by the court," Hanafiah explained.