Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia

Haji Mahamad Naser, Disa and Murshamshul Kamariah, Musa (2019) Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia. In: International Conference On Law And Globalisation 2019 (ICLG 2019), 28-29 July 2019, UniSZA.

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Abstract

Penalizing khalwat (close proximity) under the state’s Shari’ah laws has been regarded as a scandalous issue in Malaysia notwithstanding the fact that the majority of jurists from the major schools of thought have agreed on the prohibition of khalwat and that Islamic laws are recognized in the Malaysian legal system. The objection on penalizing khalwat is based on the debate of weighing the maslahah between an-nahy an al-munkar and to conceal the aib (shame) of others and their privacy. This paper highlights that it is important to understand that the first degree of maslahah takes priority over the subsequent ones and that preventing khalwat takes priority over the fear of committing tajassus or breaching one’s privacy. Research methodologies adopted in this paper are doctrinal and statutory analysis

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