Connect with us

Culture

Did You Know: Seducing a Married Woman is No Longer a Crime in Malaysia Due to Gender Equality

Published

Dd Ft 2025 09 17T152222.953
Source: 123RF

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

Ever heard the saying “never mess with another man’s wife”? That used to be more than just advice, and was actually a crime under the Penal Code in Malaysia.

Giphy

But times have changed, and that law has now been struck down. Here’s everything you need to know:

 

1. Section 498 of the Penal Code

On 15 December 2023, Putrajaya Federal Court struck down Section 498 of the Penal Code, a law that made it a crime for a man to entice someone else’s wife, according to Harian Metro.

Screenshot 2025 09 17 143414

The then Chief Justice, Tun Tengku Maimun Tuan Mat, speaking for the five-judge panel, said they unanimously ruled the section unconstitutional because it discriminates based on gender, violating Article 8(2) of the Federal Constitution.

“Section 498 only allows the husband to rely on it, while completely ignoring the wife’s rights. That makes it clear gender-based discrimination. Section 132 of the Criminal Procedure Code states that only the husband can file a complaint under Section 498, which highlights the gender bias in the law,” she said.

12736708 L

For illustration purposes only

 

2. Why was this Penal Code highlighted?

It came up after a 53-year-old businessman was charged at the Petaling Jaya Magistrate’s Court in 2020 for allegedly enticing a married woman at an apartment in Selangor back in 2018, following a police report by her husband.

Under Section 498 of the Penal Code, the man faced up to two years in prison, a fine, or both if found guilty.

Back in March 2023, the Shah Alam High Court agreed to let the man’s case be referred to the Federal Court to settle the legal question.

207516182 L

For illustration purposes only

 

3. Court rules Section 498 is valid as existing law

The panel made its decision after agreeing to hear the businessman’s application that questioned whether Section 498 was unconstitutional for clashing with Articles 8(1) and 8(2) of the Federal Constitution, which guarantee equality before the law and prohibit gender discrimination.

Chief Justice Tengku Maimun explained that the panel viewed Section 498 as a pre-Merdeka or “existing law” under Article 162 of the Federal Constitution.

Because of that, it couldn’t be changed by the courts under Article 162(7), as doing so would require major amendments that would essentially change the offence itself.

224249548 L 1

For illustration purposes only

 

4. The verdict

The Chief Justice said both sides agreed, or at least didn’t dispute, that the main purpose of Section 498 was to treat women as their husbands’ property, making it an offence to “entice” them.

“We’re satisfied that the only way to bring Section 498 in line with the Federal Constitution is to strike it down completely through judicial review, and that’s exactly what we’ve done,” she said.

She explained that the ruling will only apply moving forward, so past prosecutions under the law remain valid. The case was then sent back to the High Court to issue the necessary declarations and orders to give effect to the judgment.

236358129 L

For illustration purposes only

 

5. Muslim men can still be prosecuted

Even though the Federal Court struck down Section 498 of the Penal Code for violating gender equality, Muslim men can still be prosecuted under State Syariah Criminal laws for similar offences, as reported by Berita Harian.

Former Malaysian Bar president Salim Bashir pointed out that the old law, which came from the British Victorian era and India, treated women as their husbands’ property.

He added that moral concerns alone aren’t enough to justify a civil criminal law that goes against the Constitution, and that not criminalising such acts could lead to scandals and other forbidden behaviour in society.

Screenshot 2025 09 17 144716

Salim bashir

 

What do you think of this? Let us know down in the comments!

 

Also read: M’sian Politician: Men “Seduced” Into RAPING Women Need to Be Protected by Law

Pkr Senator: Men Should Be Protected By Law So That They Won't Be Seduced Into Raping Women - World Of Buzz 1

Source: 123RF
Source: 123RF
Source: 123RF
Source: 123RF

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.



Just In

Collage 17 Collage 17
News3 days ago

“Sg Buloh Prison is overcrowded” – Lawyer Urges Court to Release Trio Who Beat Up Man at Kepong Eatery on Bail

Three men accused of assaulting a long-haired man at a bak kut teh shop in Kepong were charged in the...

Collage 2 2 Collage 2 2
News3 days ago

“Shoot them if they evade arrest” – Kedah MB Urges Extreme Measures Against Langkawi Drug Syndicate

Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor has urged police to take firm, and even “extreme”, measures to...

Collage 15 Collage 15
News4 days ago

Jho Low Seeks Presidential Pardon from Donald Trump to Drop His 1MDB Criminal Charges in the US

Fugitive Malaysian businessman Low Taek Jho, better known as Jho Low, has reportedly applied for a presidential pardon from former...

Collage 14 Collage 14
News5 days ago

19yo M’sian Student Charged with Murder of Woman Found with 61 Stab Wounds, Faces Death Penalty

A college student has been charged at the Kota Bharu Magistrate’s Court today with the murder of 19-year-old Nurfisya Zulkifly...

Collage 13 Collage 13
News5 days ago

PDRM: Several Individuals, Believed to be Drunk, Beat Up Man at Kepong Eatery for ‘Glaring’ at Them

A man was assaulted by a group of individuals after reportedly looking in their direction while dining at a restaurant...

Collage 11 Collage 11
News1 week ago

PDRM: 11yo Student Who Fell from Melaka School Was Retrieving Peer’s Shoe He Had Thrown on Awning

Police have confirmed that an incident involving a Standard 5 male student, who was injured after falling from a garage...

Collage 9 Collage 9
News1 week ago

11yo Falls From Melaka School Building While Retrieving Shoe Allegedly Thrown Onto Awning by a Peer

A Standard Five male student from a primary school in Batu Berendam, Melaka, was injured after falling from the first-floor...

Dd Ft 17 Dd Ft 17
News2 weeks ago

“I forgive him” – Father of 8yo Girl Fatally Struck Near Johor School Urges Public Not to Blame Van Driver

An 8-year-old student was fatally struck in front of Sekolah Kebangsaan (SK) Seri Maimon in Parit Sulong, Batu Pahat, Johor,...

Announcement

Latest Videos



TRENDING TODAY