Law of domestic rape: harmonisation between Shariah and Penal code
Under the definition of rape that is generally used by the courts, rape is “an act of non consensual sexual intercourse by a man with a woman other than his wife”. Under this commonly accepted definition it is not legally possible for a husband to rape his own wife. The husband cannot be liable as t...
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| Format: | Article |
| Language: | English |
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Royal Malaysia Police
2011
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| Online Access: | http://irep.iium.edu.my/50509/ http://irep.iium.edu.my/50509/1/PENGAMAN_BIL_1%3A2011_46%3A52_-_Domestic_Rape.pdf |
| _version_ | 1848783655322779648 |
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| author | Mohamad Yunus, Mohamad Ismail |
| author_facet | Mohamad Yunus, Mohamad Ismail |
| author_sort | Mohamad Yunus, Mohamad Ismail |
| building | IIUM Repository |
| collection | Online Access |
| description | Under the definition of rape that is generally used by the courts, rape is “an act of non consensual sexual intercourse by a man with a woman other than his wife”. Under this commonly accepted definition it is not legally possible for a husband to rape his own wife. The husband cannot be liable as the principal offender based on the idea that consent to marriage is also consent to sexual intercourse which cannot be revoked while the marriage subsist. This paper will examine the law relating to marital rape according to Islamic law, Malaysian Penal Code and the contemporary arguments in favour and against the spousal immunity viewed by the modern secular legal jurists. |
| first_indexed | 2025-11-14T16:24:48Z |
| format | Article |
| id | iium-50509 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:24:48Z |
| publishDate | 2011 |
| publisher | Royal Malaysia Police |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-505092016-05-09T02:00:23Z http://irep.iium.edu.my/50509/ Law of domestic rape: harmonisation between Shariah and Penal code Mohamad Yunus, Mohamad Ismail K Law (General) KBP Islamic Law Under the definition of rape that is generally used by the courts, rape is “an act of non consensual sexual intercourse by a man with a woman other than his wife”. Under this commonly accepted definition it is not legally possible for a husband to rape his own wife. The husband cannot be liable as the principal offender based on the idea that consent to marriage is also consent to sexual intercourse which cannot be revoked while the marriage subsist. This paper will examine the law relating to marital rape according to Islamic law, Malaysian Penal Code and the contemporary arguments in favour and against the spousal immunity viewed by the modern secular legal jurists. Royal Malaysia Police 2011 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/50509/1/PENGAMAN_BIL_1%3A2011_46%3A52_-_Domestic_Rape.pdf Mohamad Yunus, Mohamad Ismail (2011) Law of domestic rape: harmonisation between Shariah and Penal code. Pengaman, Official Magazine Of Royal Malaysia Police, 1 (1/2011). pp. 46-52. ISSN 2232-1330 |
| spellingShingle | K Law (General) KBP Islamic Law Mohamad Yunus, Mohamad Ismail Law of domestic rape: harmonisation between Shariah and Penal code |
| title | Law of domestic rape: harmonisation between Shariah and Penal code |
| title_full | Law of domestic rape: harmonisation between Shariah and Penal code |
| title_fullStr | Law of domestic rape: harmonisation between Shariah and Penal code |
| title_full_unstemmed | Law of domestic rape: harmonisation between Shariah and Penal code |
| title_short | Law of domestic rape: harmonisation between Shariah and Penal code |
| title_sort | law of domestic rape: harmonisation between shariah and penal code |
| topic | K Law (General) KBP Islamic Law |
| url | http://irep.iium.edu.my/50509/ http://irep.iium.edu.my/50509/1/PENGAMAN_BIL_1%3A2011_46%3A52_-_Domestic_Rape.pdf |