Many people in Malaysia were surprised to learn that “seducing a married woman” was once a criminal offence. For decades, this act was punishable under Section 498 of the Penal Code. However, that changed on 15 December when Malaysia’s Federal Court made a historic ruling.
The court decided that this old law no longer fits modern society and violates gender equality guaranteed by the Constitution. The decision quickly drew public attention and sparked wide discussion across the country.
A Law From Another Time
Section 498 of the Penal Code was introduced during the colonial era. It made it a crime for a man to “entice” another man’s wife. If found guilty, the accused could face up to two years in prison, a fine, or both.
The law only recognised the husband as the victim and treated the wife as someone without independent rights. This provision reflected outdated beliefs that women were the property of their husbands.
Why the Case Reached Federal Court
The issue came back into focus after a real court case. In 2020, a 53-year-old businessman was charged for allegedly enticing a married woman in Selangor in 2018. The complaint was filed by the woman’s husband. In March 2023, the Shah Alam High Court allowed the case to be referred to the Federal Court.
Court Says the Law Is Unconstitutional
Chief Justice Tun Tengku Maimun Tuan Mat, speaking for a five-judge panel, said the court unanimously agreed to strike down Section 498. She explained that the law clearly discriminated based on gender because only husbands could file complaints.
Wives had no legal standing at all. The court found that this gender bias directly violated constitutional protections.
Although the court recognised Section 498 as an “existing law” from before independence, it ruled that the only way to fix its constitutional problems was to remove it entirely.
The judges agreed that amending the law would change its core meaning. As a result, Section 498 is no longer valid from the date of the ruling. However, past cases prosecuted under this section will remain legally valid.
It is important to note that this ruling applies only to civil criminal law. Muslim men may still face charges under State Syariah Criminal laws for similar behaviour.
Former Malaysian Bar president Salim Bashir noted that the old law came from British-era thinking and no longer matched Malaysia’s constitutional values. With this decision, Malaysia has officially closed the chapter on one of its most controversial colonial-era laws.
Watch the video here.
More from Wake Up Singapore:-
Would You Marry an AI? Japanese Woman Does in Symbolic Ceremony
Japan’s New “Bachelor Tax” Sparks Anger as Population Crisis Deepens Nationwide
Singapore Couple’s Home Wedding Shows You Don’t Need S$50K to Say ‘I Do’
If you have a story or a tip-off, email admin@wakeup.sg or get in touch via Whatsapp at 8882 5913.
Interested in advertising on our media channels? Reach out to us at admin@wakeup.sg!
Since you have made it to the end of the article, follow Wake Up Singapore on Telegram and X!
Wake Up Singapore is a volunteer-run site that covers alternative views in Singapore. If you want to volunteer with us, sign up here!
