Can Muslim men in Perak still face Shariah charges for enticing married women?

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Muslim Men in Perak Can Still Face Shariah Charges for Enticing Married Women

Yes, Muslim men in Perak can still face legal action and be charged under the state's Shariah criminal law for the offence of enticing married women. Section 30 of the Perak Syariah Criminal Offences Enactment 1992 remains applicable and provides the legal basis for prosecuting such behaviour within the state. This is distinct from the recent Federal Court ruling that declared Section 498 of the Penal Code unconstitutional.
Section 30 of Perak Syariah Criminal Offences Enactment 1992 Remains Active

The Perak Islamic Religious Department (JAIPk) director, Harith Fadzilah Abdul Halim, confirmed that Section 30 of the Perak Syariah Criminal Offences Enactment 1992 is still in effect. This enactment specifically addresses the offence of enticing married women, allowing for prosecution under Shariah law. This provision is separate from federal civil law provisions that have recently been challenged.
Offence Defined and Penalties Outlined

According to Section 30(1) of the enactment, any individual who entices a married woman or influences her to leave her matrimonial home, as determined by her husband, is considered guilty of an offence. Upon conviction, offenders are liable to penalties including a fine not exceeding RM5,000, imprisonment for a period not exceeding three years, or a combination of both. A key component of the court's order in such cases is the directive for the woman to return to her husband.
Distinction from Federal Court Ruling on Penal Code

This situation stands in contrast to the Federal Court's decision on December 15, which found Section 498 of the Penal Code to be unconstitutional. The Federal Court's ruling deemed Section 498 discriminatory based on gender, thereby violating Article 8(2) of the Federal Constitution. This means that prosecutions under that specific section of the Penal Code are no longer permissible.

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Can Muslim men in Perak still face Shariah charges for enticing married women?

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