A Terengganu law now makes it illegal for unmarried Muslims to be pregnant

Arguably one of the more religiously conservative states in Malaysia besides Kelantan, the state of Terengganu sparked debate with the new amendments to the state’s Syariah Criminal Offenses Enactment, most notably criminalizing or increasing penalties for stuff such as pregnancy out of wedlock, sorcery, and women posing as men, among other things.

Opinion has been mixed, but there has been an unlikely group of people who have voiced their support specifically for the amendment criminalizing pregnancy out of wedlock. And the simple reason for their support? They claim that…

“Sexual desires must be ‘comprehensively managed'”

One of the most controversial amendments was the introduction of Section 29A of Terengganu’s Syariah Criminal Offenses (Takzir), which criminalizes pregnancy out of wedlock. Although it’s still unclear what exactly the punishment for that would be, the main section (Section 29) criminalizes ‘an act preparatory to sexual intercourse out of wedlock’, which carries the penalty of a fine not exceeding RM3,000, a maximum of 2 years’ prison, or both.

And interestingly, a group of doctors have come out in support of these amendments. A joint statement by gynaecologist and I-Medik Vice President Datuk Dr Mohamed Hatta Mohamed Tarmizi and Dr Murizah Mohd Zain voiced support for the amendments, claiming that we are currently living in a ‘western-influenced, toxic hypersexual culture’ that:

“… need not only be remedied, but reversed.” – joint statement by Datuk Dr Mohamed Hatta Mohamed Tarmizi and Dr Murizah Mohd Zain

And it seems that they aren’t the only members of the medical community sharing this concern; in fact, a total of 53 Muslim obstetricians from the Obstetrical and Gynaecological Society of Malaysia (OGSM) released a ‘letter of dissent’ when the OGSM issued a statement expressing concern on the amendments. These ‘breakaway’ doctors claimed that the statement was made without consulting with the Muslim members of OGSM, and argued that the amendments discourage unwanted pregnancies, prevent shame, and punish the guilty males who cause unwanted pregnancies:

“We continue to affirm that education and community vigilance, hand in hand with state-led holistic measures which include punitive measures under Shariah Law, is vital to help reduce the alarming pregnancy out-of-wedlock statistics and contribute to better maternal and child health and well-being.” – joint statement from ‘the other side’ in OGSM

However, there have also been critics of the amendments, who’ve claimed that…

These amendments may bring more harm than good

Not everyone was on board with the idea of penalizing unmarried mothers, with the argument being that it would bring more harm than good. A statement by the Obstetrical and Gynaecological Society of Malaysia (OGSM) claimed that criminalizing pregnancy out of wedlock would only result in a proportionate increase of:

“… unintended negative consequences, such as unsafe abortions, baby dumping, severe maternal health complications and even deaths…” – Obstetrical and Gynaecological Society of Malaysia (OGSM)

NGOs Sisters in Islam (SIS) and Justice for Sisters also issued a joint statement citing research that the amendment would contribute to an increase in child marriage, because of fear of prosecution. 

Constitutionally, these laws will only apply to Muslims in Terengganu

It has to be said that whatever the controversy surrounding the enactment in question, they only apply to Muslims within Terengganu, as Islamic law and Islamic matters fall under the jurisdiction of the state (unless conferred by federal law). There have, however, been claims that these amendments are unconstitutional as they allegedly violate multiple constitutional rights such as the right to equality and non-discrimination.

There have been calls by groups like SIS urging the Human Rights Commission of Malaysia (SUHAKAM) to launch a human rights impact assessment of these amendments, though it doesn’t seem likely that Terengganu will back down from putting these new laws into place. Only time will tell just what impact they will have on Terengganu’s society.