Kembaraxtra-Islamic Law-Prostitution under Islamic Law, Penal Code and Syariah Law in Malaysia
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Question 1

What is the Islamic position on prostitution?


Answer:
Islam strictly prohibits prostitution as it violates the sanctity of life, honour, dignity, and chastity. The Qur’an and the teachings of the Prophet (SAW) emphasise the protection of human life, property, and honour. Since all promiscuous and immoral sexual relationships are forbidden in Islam, prostitution is regarded as a serious offence, and a Muslim who commits it cannot escape punishment.

Question 2




What Qur’anic and Prophetic principles support the prohibition of prostitution?


Answer:
The prohibition is supported by Qur’anic injunctions that safeguard human life and dignity, such as Surah al-An‘am (6):151, which declares human life sacred. Additionally, the Prophet (SAW) emphasised that Muslims’ lives, property, and honour are sacred and must not be violated. These principles extend to protecting sexual morality and chastity.


Question 3




How is prostitution generally defined?


Answer:
Prostitution refers to offering one’s body for sexual gratification in return for payment, whether in money or in kind. Although the Penal Code does not expressly define prostitution, dictionaries describe it as engaging in sexual activity for payment or debasing oneself for personal gain.


Question 4




What provisions under the Penal Code regulate prostitution in Malaysia?


Answer:
While the Penal Code does not define prostitution, it criminalises related activities such as:

• Exploiting another person for prostitution,
• Living on or trading in prostitution, and
• Soliciting for prostitution,
  under sections 372, 372A, and 372B.
  The suppression of brothels is governed by section 373 of the Penal Code.

Question 5




Is prostitution an offence under Syariah law in Malaysia?


Answer:
Yes. Prostitution is a criminal offence under section 21 of the Syariah Criminal Offences (Federal Territories) Act 1997, which applies to Muslims.



Question 6




What offence is committed by a woman who prostitutes herself under Syariah law?


Answer:
Under section 21(1), any woman who prostitutes herself commits an offence and may, upon conviction, be punished with:

• A fine not exceeding RM5,000, or
• Imprisonment for a term not exceeding three years, or
• Whipping not exceeding six strokes, or
• Any combination of the above.

Question 7




What offence is committed by a person who prostitutes his wife or female child?


Answer:
Under section 21(2), any person who prostitutes, causes, or allows his wife or a female child under his care to prostitute herself commits an offence. The punishment is the same as for self-prostitution:

• Fine up to RM5,000,
• Imprisonment up to three years,
• Whipping up to six strokes, or
• Any combination thereof.

Question 8




Who is a muncikari under Syariah law?


Answer:
A muncikari is defined as a person who acts as a procurer or intermediary between a male and a female for purposes contrary to Islamic law, typically facilitating prostitution.


Question 9




What is the punishment for acting as a muncikari?


Answer:
Under section 22 of the Syariah Criminal Offences (Federal Territories) Act 1997, a person who acts as a muncikari is liable upon conviction to:

• A fine not exceeding RM5,000, or
• Imprisonment for a term not exceeding three years, or
• Whipping not exceeding six strokes, or
• Any combination thereof.

Question 10




Why is prostitution treated seriously under both civil and Syariah law?


Answer:
Prostitution is treated seriously because it undermines public morality, personal dignity, and social order. Civil law focuses on preventing exploitation and public harm, while Syariah law emphasises the protection of chastity, honour, and moral values among Muslims.


Exam Tip (One-liner)

Prostitution is criminalised under both the Penal Code and Syariah law, but while civil law targets exploitation and brothel-related activities, Syariah law directly penalises the act itself and those who facilitate it.