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Ethical and legal issues in contraception

Statutory rape: Penal code Act 574

  • Section 375
  • A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a with or without her consent, when she is under sixteen years of age.

Legislation: Law Reform (Marriage and Divorce ) Act 1976, amend 2006

  • Non-Muslims can only be legally married if they are aged at least 18 and will require parental consent for marriage if they are still below 21.
  • Under this law, they are considered minors if they have yet to turn 21 and are not widows.
  • However, a girl aged 16 can be legally married if the state chief minister/ mentri besar or in the case of the federal territories, its minister, authorises it by granting a licence.

ISLAMIC FAMILY LAW (FEDERAL TERRITORY) ACT 1984, ACT 303

  • As for Muslims, the minimum legal age for marriage is 18 and 16 for a male and female respectively, but those below these ages can still marry if they get the consent of a Shariah judge.
  • Local Islamic family laws do not list the factors that Shariah courts need to consider before approving underage marriages or impose a limit on how young a Muslim can be married under this exception.
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