Inconsistent laws hinder efforts to address teenage pregnancies
The absence of a comprehensive policy is a significant factor contributing to the problem.
SHAH ALAM - The legal framework in Malaysia remains fragmented and ineffective in addressing teenage out of wedlock pregnancies due to differing approaches across states.
This lack of uniformity has led to enforcement challenges and weakened efforts to curb the issue.
Data from the World Health Organisation in 2018 revealed that Malaysia ranked fourth among ten countries with the highest number of teenage pregnancies occurring outside of marriage.
Lawyer Mohd Ridwan Talib pointed out that the absence of a comprehensive policy is a significant factor contributing to the problem.
He explained that laws such as Section 14 of the Sexual Offences Against Children Act 2017 were relevant but primarily addressed physical sexual abuse against children.
Under the Syariah law, being pregnant without a valid marriage is also considered an offence.
"For example, Section 54 of the Syariah Criminal Offences Enactment of Melaka 1991 states that women who become pregnant or give birth to a child out of wedlock have committed an offence.
"They may be fined up to RM3,000, imprisoned for up to 24 months or both, upon conviction," he said.
Ridwan added that other states, such as Negeri Sembilan and Perak, impose similar penalties, while the approach differs in Perlis, Pahang and Sabah.
Selangor, on the other hand, has no specific provisions for such offences.
Instead, offenders may be rehabilitated at the Baitul Ehsan Women’s Protection Centre in Sabak Bernam, established by the Selangor Islamic Religious Council.
"The enforcement and prosecution of such cases in Syariah Criminal Courts remain significant challenges.
"A 2017 study by Universiti Kebangsaan Malaysia found that punishments handed down by Syariah judges were not effective in deterring offenders or preventing repeat offences.
"Moreover, Syariah Court sentences have never reached the maximum penalties outlined in the "356" formulation of the Syariah Courts (Criminal Jurisdiction) Act 1965.
"This act allows for up to three years of imprisonment, fines up to RM5,000 or six strokes of whipping or a combination of these penalties," he said.
