KUALA LUMPUR – The decision by the Terengganu state assembly to criminalise pregnancy outside of marriage has drawn ire from civil society groups who slammed the amendment to the state’s shariah laws as being “inhumane and deplorable”.
Muslim women’s rights group Sisters in Islam (SIS) criticised the state for coming up with a “solution” that appears to only find fault with women, questioning whether men will be subjected to similar punishments outlined under the law.
“What about the men who fathered the children? What about women who were raped and had gotten pregnant? It is unfair to blame women only while men get off scot-free,” the group said when contacted by The Vibes recently.
Stressing that the root cause of pregnancy out of marriage should be analysed to come up with healthier and long-term solutions, SIS emphasised the importance of providing physical and psychological support to young women who get pregnant out of wedlock.
“Pregnancy out of wedlock is not just about the issue of morality or lack of religious education. It is a complex issue that needs to be addressed carefully.
“Another serious social concern that will rise (with the passing of the law) is baby dumping and unsafe illegal abortions (or attempts) as women try to conceal their pregnancies to ‘save face’,” SIS warned.
SIS also cited a report it had produced in 2018 together with the Asian-Pacific Resource and Research Centre for Women, which showed that sex and pregnancy out of wedlock are one of the main contributing factors to child marriages in Malaysia.
“The criminalisation of pregnancy outside marriage also has reciprocal effects on child marriages, leading to an increase in underage marriages while perpetuating the cycle of poverty and illiteracy among girls,” it said.
Meanwhile, the All Women’s Action Society lamented that there is nothing more terrifying than state criminalisation measures over humane, welfare-focused methods of preventing women from getting pregnant out of wedlock.
“It signals a poor understanding of the issue and dangerously haphazard solutions. This is a very worrying precedence that directly impacts survivors of violence, such as rape victims who fall pregnant.
“They cannot be imprisoned or forced to pay a fine. That would be absurd,” the NGO said in a statement to The Vibes.
“State government enactments such as these prove that we need better protection for women to be implemented at the federal level and upheld across legal jurisdictions.”
It also called for a ban on child marriages, and funding for a comprehensive sexual education syllabus to protect girls and women from unwanted pregnancies and sexually transmitted diseases.
Besides penalising those who get pregnant out of marriage, amendments to the state’s Shariah Criminal Offences (Takzir) (Amendment) Enactment 2022 passed by the assembly on Thursday will punish “women acting like men”, “preparation for sodomy”, and witchcraft and sorcery activities.
The state legislature also approved increased shariah punishments, namely a three-year jail term, a fine of RM5,000, and six lashes.
Social media users have since voiced their concerns over the amended criminal offences, which are seen as worsening the stigma and oppression towards women and sexual minorities. – The Vibes, December 4, 2022
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