KUALA LUMPUR – A renewed human rights debate has emerged as Malaysia’s Human Rights Commission raised alarm over plans to refer statutory rape cases to Islamic enforcement authorities in Kelantan. The proposal has drawn criticism for potentially undermining federal law and weakening child protection safeguards.
The issue surfaced after Kelantan Police Chief Datuk Mohd Yusoff Mamat stated that statutory rape cases “involving consensual sex” would be redirected to the state Islamic Affairs Department. The statement has been widely criticised because statutory rape inherently involves minors who cannot legally consent to sex.
Suhakam expressed firm objection, stressing that criminal law is a federal matter governed by the Federal Constitution. It emphasised that PDRM has a constitutional mandate to investigate statutory rape as a serious criminal offence and any referral to religious authorities would conflict with this obligation.
The commission warned that allowing such referrals could jeopardise the supremacy of the Constitution and weaken the rule of law. It reaffirmed that statutory rape must be handled strictly through criminal justice mechanisms that ensure accountability and safeguarding of victims.
Earlier, the Kelantan police chief also drew controversy after suggesting that both minors involved in statutory rape cases should be charged because many cases were “consensual”. Rights proponents rejected the notion, noting that international child protection standards prohibit criminalising minors in such contexts.
Suhakam stressed that Malaysia’s obligations under the Convention on the Rights of the Child require the state to protect children from sexual abuse and exploitation. It added that the best interests of the child must remain paramount in all decision-making processes.
While the commission recognises the cultural and legal significance of Islamic institutions, it insists that the protection of children must be pursued through lawful, child-sensitive pathways under PDRM and federal prosecution systems.
The development has sparked broader public discussion about legal jurisdiction, child safety and the balance between religious governance and constitutional law. Observers believe clarity and consistency in law enforcement are essential to prevent confusion, injustice and potential human rights violations.
As debate continues, Suhakam has reiterated its stance that statutory rape must be addressed firmly as a criminal offence. Anything less, it warns, risks eroding legal protections and failing the very children the law is designed to protect.