Connect with us

Culture

The Closest Penal Code Offences to Khalwat in Malaysia Which Can Land Offenders Up to 2 Years in Jail

Published

Collage 7
Source: MYMKU & Utusan

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

We know that Muslim couples caught for khalwat will receive fines, and in a worst-case scenario, a jail term. The punishments are set based on the Syariah laws in Malaysia, but first, what exactly is khalwat?

Khalwat means being in a close proximity or cohabiting in a private setting while not married to an opposite sex who is not a Mahram (an individual with whom marriage is permanently prohibited due to a close familial relationship).

Whatsapp Image 2022 12 03 At 12.25.43 Pm

 

Punishment for khalwat varies by state in Malaysia

Simply put, if an unmarried couple spend the night in a hotel room, they can be caught for khalwat and will be subjected to Syariah laws. The offence of khalwat is governed by the respective state Syariah laws, which operate in parallel to Malaysia’s secular legal system.

Do keep in mind that Syariah laws ONLY apply to Muslims, and the penalties vary by state. Typically, these include (but are not limited to):

  • Up to 6 strokes of the cane
  • Not more than RM5,000 fine
  • Not more than 3 years of jail term

For instance, Section 29 of the Syariah Criminal Offences (Selangor) Enactment 1995 states that any man or woman who commits khalwat may be punished with a fine not exceeding RM3,000 or imprisonment for a term not exceeding 2 years, or both.

In every state, the khalwat raids are conducted by the respective religious departments, based on complaints or information received. For example, in Selangor, it’s the Selangor Islamic Religious Department (JAIS).

The couple who is caught for the offence is taken to the religious office for further investigation, and sentencing will be delivered by a Syariah judge based on evidence and confession.

Khalwat Tangkap Basah

In most cases, couples who are caught for khalwat for the first time will only receive fines, and caning only takes place when it involves a repeated offender. In a Syariah case that took place in Terengganu in February 2024, for instance, a construction worker received 4 strokes of the cane and a RM3,000 fine as it was his second conviction of khalwat.

Another case in Terengganu, which occurred in December 2024, involved Mohd Affendi Awang, aged 42, who was publicly caned six times and received a RM4,000 fine for his third khalwat conviction. The caning was done at a mosque following Friday prayers, marking an escalation in enforcement as per the amended Syariah Criminal Offences (Takzir) Enactment 2022 in Terengganu.

 

The closest comparable criminal law offences to khalwat, which Muslims and non-Muslims are subject to

While khalwat is only applicable to Muslims, one of the closest comparable criminal law offences to khalwat applies to both Muslims and non-Muslims in Malaysia, which is Section 294(a) of the Penal Code for performing any obscene act in any public place.

Those convicted of this offence may face a jail term of up to 3 months or a fine, or both.

Screenshot 2025 10 11 At 12.49.12 Pm

Another criminal law offence that could be compared to khalwat is Section 377D of the Penal Code for outrages on decency. However, unlike Section 294(a) of the Penal Code, Section 377D requires proof of an actual act of “gross indecency” or a carnal connection taking place.

If found guilty, offenders can be jailed for up to 2 years.

Screenshot 2025 10 11 At 12.29.03 Pm

One notable case of a couple being charged with Section 377D was the case of a couple in Johor Bahru who were caught behaving indecently inside a Perodua Axia in 2023.

Screenshot 2023 04 07 101454

If a non-Muslim couple is in a hotel room, authorities cannot charge them with any offence unless they are engaged in sex work. For the latter, Sections 372 (exploiting any person for the purposes of prostitution), 372A (persons living on or trading in prostitution) and 372B (Soliciting for the purpose of prostitution) of the Penal Code may apply.

If a non-Muslim is caught with a Muslim partner, the Muslim can be charged under Syariah law, and the non-Muslim may be investigated under criminal law depending on circumstances.

 

Also read: “It’s between them & God” – Ex-Law Minister Says Khalwat Raids Only Target The Poor, Wants It Decriminalised

Collage 1

Source: Utusan
Source: MYMKU
Source: Sin Chew

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



Just In

Wob 2026 Ft Image Didi 87 Wob 2026 Ft Image Didi 87
News12 hours ago

“I’m willing to sit out Melaka polls” – Akmal Saleh Offers to Sit Out Polls If Court Case Could Affect Party’s Chances of Winning

With the Melaka State Election (PRN) just around the corner, UMNO Youth Chief Datuk Dr Akmal Saleh has expressed his...

Kyan Ft.pptx 2026 10 26T145120.347 Kyan Ft.pptx 2026 10 26T145120.347
News14 hours ago

“TuJu has failed miserably” – Lim Guan Eng Calls for Open Tender for New Local Navigation App Amid Public Backlash

The controversy surrounding the government’s ban on civil servants using Waze has intensified as its recommended local alternative, TuJu, faces...

Wob 2026 Ft Image Didi 86 Wob 2026 Ft Image Didi 86
News14 hours ago

Perak Education Dept Probes Viral Allegations of Principal Having Affair & Sending “I Love You” Text to Form 3 Student

A viral video shows a man believed to be a school principal being confronted by several individuals over allegations of...

Wob 2026 Ft Image Didi 85 Wob 2026 Ft Image Didi 85
News16 hours ago

21yo Delivery Rider Dies After Reportedly Sustaining Severe Head Injury at Melaka Music Gig, Case Reclassified as Murder

A 21-year-old delivery rider died after suffering serious injuries while attending a music gig at a café in Melaka on...

Wob 2026 Ft Image Didi 84 Wob 2026 Ft Image Didi 84
News18 hours ago

PDRM Issues 3 Summonses To Unlicensed Driver After 2 Men Seen Sitting On Moving Car’s Roof In Johor

A video has recently gone viral showing two men sitting on the roof of a moving car, reportedly in Johor....

Kyan Ft.pptx 2026 10 26T105215.055 Kyan Ft.pptx 2026 10 26T105215.055
News18 hours ago

“Jalur Gemilang is a symbol of national dignity” – MAPIM Condemns Upside-Down Flag Stunt In Melbourne

The Malaysian Consultative Council of Islamic Organisations (MAPIM) has strongly condemned the actions of the Sabah Sarawak Keluar Malaysia (SSKM)...

Wob 2026 Ft Image Didi 82 Wob 2026 Ft Image Didi 82
News4 days ago

Another Attack Involving a Teen in Sarawak? 69yo Man Reportedly Injured by 13yo Boy With Knife at Public Toilet

A similar incident has now come to light in Sarawak, following a case at an international school on 21 October...

Wob 2026 Ft Image Didi 81 Wob 2026 Ft Image Didi 81
News4 days ago

Court of Appeal Revokes RM150K Bail for Paralysed OKU Man Charged With Trafficking 6.27kg of Cannabis

On 7 February 2024, a 44-year-old wheelchair-bound man was charged with trafficking 6.276kg of cannabis at a house in Kampung...

Announcement

Latest Videos



TRENDING TODAY