3 December 2022
The Malaysian Paediatric Association (MPA) notes with much apprehension the recent announcement by the Terengganu state executive councilor in charge of Shari’ah implementation and education, who planned to maximize the penalties associated with “an act preparatory to sexual intercourse out of wedlock”.
Muslim women found guilty of out-of-wedlock pregnancy and childbirth will be liable with a fine not exceeding RM3,000, or imprisonment up to two years, or both.
It is as yet unclear whether rape victims or health care professionals providing antenatal care of these unmarried, gravid women would be exempted from these new provisions in the law.
Notwithstanding, this act of criminalization of the pregnant unmarried woman fails to grasp the bigger picture of this social ill which will impact adversely on the fate of these women and their unborn child.
1. Pregnancies out of wedlock, often teenage pregnancies are a consequence of multiple factors. Among surveyed 13-17 year olds, 7.3% had already had sex. 35% of female youths believe they cannot get pregnant the first time they have sex. And 45 teenage girls give birth every day. 66% first learnt about sex from watching pornography and from friends. Only 16% first learnt about sex from schools (10%) and parents (6%).
2. Our youth resort to these resources of sex information due to the paucity of a comprehensive life and reproductive education program to educate these sexually active boys and girls.
3. And resorting to punitive measures instead of education will discourage these young mothers out of wedlock to seek help, who will instead attempt to get rid of the problem resulting in babies being abandoned in unsafe places.
4. The MPA is alarmed at the rate of babies being dumped in unsafe places and endangering their lives. The Royal Malaysian Police Force (PDRM) report of an average of 100 cases per year represent only the tip of the iceberg. A large proportion of the abandoned cases may have been disposed off and went undetected, given up for adoption privately or underwent illegal abortions, some in the hands of unqualified practitioners resulting in complications to the long term health of the women, even death.
5. Unwanted pregnancies and child abandonment is a real problem in Malaysia. The couple, boy and girl (the boy is allowed scot free from the law) may have made a “mistake” but the child is absolutely innocent. He or she did not choose to be an unwanted child and should not be penalized by being abandoned and left to die. The higher objectives of the Shari’ah (Maqasid Shari’ah) protects their right to life (nafs), preservation of their intellect (aql) and progeny (nasl).
The MPA urge the authorities to:
1. Provide a comprehensive life and reproductive education and information program to all adolescents. Research has shown that this decreases high-risk sexual behaviour and increases the age when a person becomes sexually active.
2. Organise awareness campaigns on the harmful impact of teen pregnancy on health, academic pursuits and social wellbeing.
3. Provide non-judgmental services, compassion and support for girls and their partners faced with unintended pregnancies, irrespective of age, race, religion or marital status.
4. Protect the physical and mental health of the girl with an unwanted pregnancy, through the provision of safe and empathetic antenatal services.
5. Provide information and access to effective and safe contraceptive services.
6. Prevent dropouts from school. Keeping teens in school till secondary education has proven to reduce high-risk behaviours including teen pregnancy.
7. Assist families with financial difficulties to enable teens to continue schooling.
Executive Committee
Malaysian Paediatric Association