Statutory Rape and Juvenile Male Offenders: A Maqasid al-Shariah Analysis of Rights and Legal Status in the Malaysian Legal System

Mohamad Aliyyuddin Mohd Nazir, Ahmad Ikmal Hishammudin, Muhammad Danish Idraak Muhamad Syazwan, Ahmad Amjad Ahmad Shafrin and Mohd Harifadilah Rosidi
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Mohamad Aliyyuddin Mohd Nazir: Faculty of Shariah and Law, University Sains Islam Malaysia, Negeri Sembilan, Malaysia
Ahmad Ikmal Hishammudin: Faculty of Shariah and Law, University Sains Islam Malaysia, Negeri Sembilan, Malaysia
Muhammad Danish Idraak Muhamad Syazwan: Faculty of Shariah and Law, University Sains Islam Malaysia, Negeri Sembilan, Malaysia
Ahmad Amjad Ahmad Shafrin: Faculty of Shariah and Law, University Sains Islam Malaysia, Negeri Sembilan, Malaysia
Mohd Harifadilah Rosidi: Faculty of Shariah and Law, University Sains Islam Malaysia, Negeri Sembilan, Malaysia

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 7, 2735-2744

Abstract: This study offers a critical re-examination of Malaysia’s statutory rape laws, focusing on the unintended consequences for juvenile males prosecuted under Section 375(g) of the Penal Code. While these strict liability provisions are intended to safeguard minors from sexual exploitation, they often fail to distinguish between coercive abuse and consensual relationships among peers, resulting in the criminalisation of adolescent males who are themselves minors. Through a doctrinal and comparative legal analysis, the research highlights the dissonance between current punitive approaches and the principles of justice embedded in Maqasid al-Shariah, particularly ḥifẓ al-nasl (protection of lineage), ḥifẓ al-‘ird (protection of dignity), and al-‘adl (justice). The study further explores the inconsistencies arising from Malaysia’s dual legal system and contrasts these with close-in-age exemptions applied in other jurisdictions, which offer a more balanced response. Findings reveal that the existing legal framework leads to significant psychological, social, and developmental harm for young offenders, exacerbating stigma and long-term disadvantage. The paper advocates for comprehensive reform, including introducing close-in-age exemptions, gender-neutral statutory provisions, and rehabilitative justice measures. By integrating Islamic ethical objectives, human rights norms, and contemporary insights into adolescent development, the study proposes a recalibrated approach that upholds child protection and equitable justice within Malaysia’s legal landscape.

Date: 2025
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