Suhakam: Sending girls to religious dept over statutory rape against Constitution

Suhakam: Sending girls to religious dept over statutory rape against Constitution


Published: Dec 24, 2025 12:13 PM
Updated: 3:21 PM


Suhakam reminds the police that referring minors involved in statutory rape cases to Islamic enforcement authorities for action is inconsistent with the Federal Constitution, as criminal law matters fall under the Federal List.

This came after Kelantan police chief Yusoff Mamat said last week that girls aged 16 and below caught for consensual sex will be referred to the Kelantan Islamic Department (Jaheaik) for further action under the syariah courts.

The human rights commission stressed that with rape being on the Federal List, investigations into the matter are under the purview of the police - not the state religious department.

“Malaysia is also party to the Convention on the Rights of the Child, which requires us to ensure that all children are protected from sexual exploitation and abuse, and that the best interests of the child are treated as a primary consideration in all actions concerning children.

“Statutory rape must therefore be addressed as a serious criminal offence against children, through processes that are lawful, child-sensitive and rights-compliant,” it said in a statement today.

On Dec 18, Yusoff was reported as saying that five of such cases had been referred to Jaheaik so far, in line with the Kelantan ruler’s decree for the police to work with the state religious department on statutory rape cases.

“In the last two months, we have referred five teenage girls involved in consensual sex to Jaheaik for further action.

“The male suspects had been charged in court, but because there is no existing legal provision for the girls, we referred them to Jaheaik,” Yusoff was quoted as saying by Berita Harian.

In September, Yusoff sparked controversy after he personally suggested that girls involved in statutory rape cases should be charged alongside the adult male perpetrator.

The issue had also sparked a debate among legal and child welfare experts, who believe the law should be reformed to provide a holistic approach when close-in-age teens are involved.

Prioritise minors’ welfare

While it respects Islamic laws and religious institutions within the legal and social framework, Suhakam said its primary concern is the welfare of the minors involved in statutory rape.

It added that Yusoff’s latest statement may contribute to moral panic and reactions that are not grounded in the legal framework.

Kelantan police chief Yusoff Mamat


“Approaches that rely solely on punishment fail to recognise that teenagers are children under the law, whose evolving capacities, vulnerability and immaturity must be understood within the spirit and intent of the Child Act 2001, read together with Malaysia’s obligations under the CRC.

“Evidence has consistently shown that purely punitive measures are ineffective in preventing the recurrence or escalation of statutory rape and may instead compound harm to children,” Suhakam said.

Reform laws

The commission urged the government to reform the criminal justice system to better reflect the realities faced by children and young people, with many undergoing socio-economic disadvantage, violence, and neglect.

When it comes to crime prevention, Suhakam urged the government to focus on child-centred and rights-based approaches, including limiting detention and strengthening social interventions involving families, schools, and community support networks.

“In this regard, Suhakam underscores that reforms to the Penal Code and the Criminal Procedure Code are necessary to promote positive behaviour change, enhance child protection, and support rehabilitation.

“This is in line with constitutional principles and international human rights standards,” it added.