Empowering the Enforcement of the Shariah Criminal Offence Enactment on Out-of-Wedlock Pregnancy by the Alor Gajah District Islamic Religious Office, Malacca

Memperketatkan Penguatkuasaan Enakmen Kesalahan Jenayah Syariah Terhadap Kes Hamil Luar Nikah oleh Pejabat Agama Islam Daerah Alor Gajah, Melaka

Abstract

Pregnancy out of wedlock is an offence that requires attention and is one of the most concerning social problems, especially in Muslim societies. In Islam, pregnancy out of wedlock is considered a crime, an offence, and a sin that must be curbed and avoided. Therefore, it is the responsibility of the Religious Authority to address and manage such offences through systematic enforcement. Additionally, the provisions of Shariah law and the implementation of more effective punishments must be emphasised to enhance the quality of Shariah law enforcement. This research aims to examine the enforcement practices of the Alor Gajah District Islamic Religious Office in Malacca concerning the Shariah offence of pregnancy out of wedlock. This study adopts a qualitative research approach using content analysis by referring to the Acts or Enactments of Shariah Criminal Offences of various states, relevant journals and theses, as well as the statistics of Shariah offence cases under the Syariah Criminal Offences (State of Malacca) Enactment 1991, specifically those related to pregnancy out of wedlock. The findings of the study indicate that there are legal provisions for the offence of pregnancy out of wedlock in Malacca under Section 54 of the Syariah Criminal Offences (State of Malacca) Enactment 1991 (EKSNM 1991). Furthermore, the study found that enforcement measures have been implemented to curb such offences, particularly in the Alor Gajah District of Malacca. However, these efforts must be continuously improved based on current needs to ensure that religious enforcement remains a relevant authority in addressing the Shariah offence of pregnancy out of wedlock and effectively tackling moral issues, particularly in Malacca.