Former Law Minister, Datuk Mohd Zaid Ibrahim, described the interpretation of the crime of khalwat as vague, which opens up room for subjectivity, bias, and abuse of discretion.
The Religious Departments in many Malaysian states have been ramping up their khalwat raids, mostly in budget hotels or private houses, following the tip-offs from the public. According to Zaid, most of the raids on khalwat cases are carried out in cheap hotels, in cars, or in public places, which are locations that are easily accessible to the poor.
Ex-Law Minister urges for khalwat to be decriminalised
Meanwhile, he said, Malays in positions such as Members of Parliament (MPs) or Ministers are rarely charged with the offence of khalwat because they can afford to rent private apartments, luxury hotels, or make more private ‘rules’.
“This makes khalwat a ‘poor man’s offence’, not because the rich don’t do it but because they don’t get caught.”
“When enforcement is fundamentally selective, it fails to meet the principle of equality before the law under Article 8 of the Federal Constitution.”
Zaid also referred to a report regarding a couple who had to go to jail for failing to pay bail of RM1,500 each as set by the Kuantan Syariah Lower Court in Pahang, recently, following charges of khalwat against them. According to Zaid, bail of RM1,500 may not be a problem for middle or upper-class families.
For small traders, factory workers, or students, the money is not their only concern.
It means going to jail if they fail to pay bail while awaiting trial, plus the associated stigma, public humiliation, and pressure from family, as shared on his Facebook post.
“It’s between them and God”
Zaid pointed out that it is appropriate that the offence of khalwat be decriminalised since khalwat is a personal moral issue between the individual and God, not something that should lead someone to prison.
Should this happen, the country can focus on real problems such as domestic violence, sexual abuse, and exploitation rather than controlling personal behaviour that is done voluntarily.
He explained that if khalwat laws are to encourage good morals, it can be done through education, family counselling, and community involvement, not through punishment.
“In Islam itself, the act of tajassus (spying) is prohibited, but raids on private areas often rely on intrusive spying.”
What do you think of Zaid’s take on this matter?
Also read: “Deja vu” – Divorced Man & Single Mum in Johor Caught for Khalwat at Same Place by Same Officers
