Title of article :
The Legal Perspective of Khalwat (Close Proximity) as a Shariah Criminal Offence in Malaysia
Author/Authors :
Zubaidah Ismail، Siti نويسنده ,
Issue Information :
فصلنامه با شماره پیاپی سال 2016
Abstract :
The original meaning of the word khalwat refers to a pious act of being connected to God.
It was later given a technical meaning referring to an offence. When the Shariah Criminal
Offences Enactment introduced the offence of close proximity or khalwat, it was not a
new invention because kheluat – as it was used to be spelt – can be traced back as far as
1909. Khalwat is one of the ‘moral offences’ classified among the other offences against the
precepts of Islam codified under the Enactment. The law relating to khalwat has attracted
interest from many quarters, particularly due to claims that it encroaches on personal
freedom and privacy. On the other side of the spectrum, the role and function of religious
enforcement officers are also questioned, particularly surrounding the power they have
when conducting investigations. This article seeks to examine how khalwat, originating
from an act of piety, was then formulated into an offence involving a man and a woman
being together in a private place to commit an indecent act. It also analyses the legal
requirements that constitute khalwat and the challenges of its enforcement in Malaysia.
Keywords :
morality , Islamic Criminal Law , Khalwat , moral offence , Close proximity
Journal title :
Pertanika Journal of Social Sciences and Humanities (JSSH)
Journal title :
Pertanika Journal of Social Sciences and Humanities (JSSH)