The dilemma of rape victims in Malaysia: could compensation award be a solution?
The crime of rape is very much rampant in the society. It is a cruel form of sexual offence which leads to injuries to the party against whom it was committed coercively. The legal provisions to punish rape offenders are undoubtedly in existence under the Malaysian criminal law. However, these l...
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| Main Authors: | , , , , |
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| Format: | Article |
| Language: | en |
| Published: |
Penerbit Universiti Kebangsaan Malaysia
2025
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| Online Access: | http://journalarticle.ukm.my/26506/1/Akademika_95_1_29.pdf http://journalarticle.ukm.my/26506/ https://ejournal.ukm.my/akademika/issue/view/1812 |
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| Summary: | The crime of rape is very much rampant in the society. It is a cruel form of sexual offence which leads to injuries to
the party against whom it was committed coercively. The legal provisions to punish rape offenders are undoubtedly
in existence under the Malaysian criminal law. However, these legal provisions are deemed inadequate in protecting
the rights of the rape victims who suffered injuries as a result of such horrendous ordeal. This includes the absence
of adequate provision which provides monetary compensation for rape victims. This paper aims at analyzing existing
legal provisions under Malaysian criminal law. It then identifies the actual legal problem in the form of inadequate
legal protection towards injurious rape victims. The paper simultaneously analyzes Syariah criminal principles on
rape and diyyah (compensation or blood money in Islamic law). It consequently recommends solutions on how
Malaysian criminal law can be amended to implement diyyah as monetary compensation for future rape victims. The
paper adopts a doctrinal approach in its legal analysis. All data collected from library research as well as semi
structured interview are analyzed qualitatively and critically. The paper additionally adopts referential method in
comparing between the existing Malaysian criminal law and the syariah criminal principles on rape and diyyah. It
also uses referential method in suggesting solutions in the form of legal amendments. The paper ultimately proposes
the amendment of the relevant provision under the present Malaysian criminal law, paving the way for the
implementation of diyyah as monetary compensation for future rape victims |
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