KUALA LUMPUR, July 28 ― A goldsmith pleaded not guilty in a magistrate court in Kota Baru yesterday after he was charged of hitting his wife for refusing sex, with the latter claiming she was on menstruating.
In a report by Sinar Harian, the accused, 49, allegedly committed the offence against his 44-year-old wife at 7am on July 22, in a house in Pengkalan Chepa.
Under Section 375A of the Penal Code that regulates rape, the accused can be jailed for up to five years if convicted.
The man had initially pleaded guilty after he was charged, but changed his plea after hearing the explanation on mandatory jail.
It was reportedly not the first time the wife, a preschool assistant, was beaten until she was bruised and hurt.
The couple reportedly have been married for 19 years with two children, but have previously been divorced twice for the same reason.
This comes as Barisan Nasional’s Setiu MP Che Mohamad Zulkifly Jusoh said in Parliament this week that men were subjected to emotional and psychological abuse when wives withheld sex from their husbands and when they are constantly nagged at.
The remark drew flak from women’s group who insisted that he had “gravely undermined” the severity of domestic abuse cases in the country, while reminding him that forcing sex on a wife is marital rape.
Wifey has been lucky.
In Kelantan, the State's Islamic Law Enactment 2002 Section 128 (1) provides for a fine of RM 1,000 or jail of up to six months or both upon conviction, of those wives who do not provide proper care for their husbands, including not fulfilling their sexual needs.
Kelantan State Mufti Yang Amat Alim Mohamad ShukriMuslim wives MUST provide proper care for their Muslim husbands, including fulfilling their sexual needs of face charges of 'abuse'
The above criminal conviction is enforced on the guilty (wives) in that they have been unjust and abusive towards their husbands.
The above state law has already been emphasised by the State Mufti, Yang Amat Alim, Mufti Mohamad Shukri (I apologise in advance if I have unwittingly omitted a 'Haji' or/and 'Datuk' title or even 'Tan Sri' for the very Alim mufti).
But above wifey has been saved from a State Islamic Law, to wit, Islamic Law Enactment 2002 Section 128 (1), on the fact that federal laws, in said case specifically Section 375A of the Penal Code, overrides State laws.
This is another good reason why we must NOT support Hadi Awang's proposed amendment to Act 355 (UDD355) which seeks to increase the penalties and punishments syariah courts (religion is under state administration) may award, like increasing whipping from 6 to 100 lashes.
So long as we have civil laws in force at federal level, warts and all, alleged victims such as above wifey would be protected.