Out-of-Wedlock Pregnancy from Malaysian Shariah Criminal Law Perspectives and Its Control through Prevention Program

Out-of-wedlock Pregnancy is an issue faced by the global society which transgresses religious, racial, skin and age boundaries. It does not merely occur within the Malaysian society, but the worrying social ill is faced by other developing countries. There is no available data or statistic on the offence of adultery as it is almost impossible for the offender to admit his unless witnesses are available. However data on out-of-wedlock pregnancy becomes a crucial indicator on commission of adultery. Apart from uncontrollable factors such rape, out-of-wedlock pregnancy and birth of illegitimate children are closely connected with voluntary sexual inter-course. Not all state has provisions on the offence of pregnancy out of wedlock. This article aims to analyse on provision of Shariah criminal law for the offence of pregnancy out of wedlock. The aspect that being analysed are legal provision, elemant of offence and sentences under the enactmen/act of Shariah Criminal Offences in the states of Malaysia. This research applies qualitative method through a content analysis framework by referring to Act/Enactment of Shariah Criminal Offences in the states, selected journals and documentation conducted at the Department of Shariah Judiciary Malaysia of Putrajaya. In facing the reality, efficient law is needed and also the approach of alternative sentences for offenders of pregnancy out of wedlock. Such controlled method seem capable of giving positive effects to offender besides to empower prevention program in order to overcome this symptoms.