PAS leaders have reignited debate over underage sex laws, calling for reforms to ensure fairness and for Syariah law to play a central role in tackling the issue.
Nik Asma’ Bahrum Nik Abdullah, Chempaka assemblyman and lawyer, said underage sex is not merely a matter of “consent” but involves justice and the future of children.
He argued that the current age of consent, set at 16, is too low and should be raised to 18, aligning with the Child Act. “At 16, a person is just entering maturity. At 18, one is legally an adult. If reforms are needed, the age of consent must be raised,” he said.
Nik Asma’ criticized the imbalance in current laws, which often punish boys while girls are automatically treated as victims, even in consensual cases. “If both are under 18, then both must be protected and guided, not one punished harshly while the other is absolved,” he said.
He suggested two approaches: heavy penalties for coercion, threats or power imbalance, and restorative measures for consensual cases between peers.
He stressed that Islam views zina (illicit sex) as a sin for both parties, and the law must reflect this principle of fairness.
Meanwhile, PAS Kelantan Women’s Chief and Rantau Panjang MP Siti Zailah Mohd Yusoff said underage sex issues must be addressed through Islamic law rather than secular statutes.
She noted that nearly 90% of underage sex cases in Kelantan occurred with mutual consent, exposing moral decline and lack of adherence to religious boundaries.
She cited national data showing over 83,000 illegitimate births between 2017 and 2021, including more than 500 cases annually in Kelantan, as evidence of the failure of secular law.
“Syariah punishments are not just punitive but also educational and preventive. Only through Islamic law can society rebuild dignity and order,” she said.
Both leaders emphasized that underage sex remains unlawful, but the law should balance protection, fairness, and education rather than reinforce bias or imbalance.
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