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Thursday, February 26, 2009

Section 377(A)

I was chatting with a friend from Singapore about various current issues and goings on in Malaysia recently. We spoke about many things, ranging from the economy to politics, including the Chua Soi Lek case that was recently investigated. Now, what I want to comment here is not on Dato’ Seri Chua Soi Lek’s case although this came about because of the recent developments in his case.

What I really want to comment is on the Section 377 (A) of the Penal code he is investigated under. Just to clear matters further, Section 377(A) states:-

“Any person who has sexual connection with another by the introduction of penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.”

First and foremost, let me state clearly to all that I am agreeable to the first part of the Section that says “introduction of the penis to the anus……commit carnal intercourse against the order of nature”.

No one should do this and it is right that this is an offence. Even our Prophet, Rasullullah S.A.W. told his followers that penetration is only permissible via the vagina and never through the anus.

However, I have not found anything that says about penetration through the mouth. I have to admit I am not a learned scholar of Islamic studies and am not the best person to talk about this from the Islamic point of view. I am however of the opinion that anything Haram will be mentioned in the Al- Quran, Hadith or Rasullullah’s Sunnahs.

Practically speaking and after talking to many of my friends, I have come to the conclusion that oral sex is quite common nowadays amongst husbands and wives ( LEGALLY MARRIED COUPLES only ok!!!! – Officially don’t know of those illegal ones!).

So it is unnerving to think that almost 80%-90% of the younger population has committed this crime at one time or another (again married ones ok – don’t you people get funny ideas, and I know which friends of mine I am talking about). In fact, I am sure a significant number of the overall population is guilty of this particular section.

What I am trying to say here is that Section 377(A) on oral sex is actually archaic. It should be amended and updated according to times. I am even surprised then to learn that Singapore also has the same provision and exactly the same Section to read exactly the same thing.

Now, if ever there is a need to change something, this is one of them. I believe this is a job for the Bar Council to take on. I hope they do, coz if they do not many of us are committing a crime.

So people, hands up how many of us have actually committed this crime?

4 comments:

akusayangumno said...

Salam Bro,

When we talk about sexual activities in legal term, its look so bored..... sound too technical... hmmm.

Since Malaysia and Singapore are the commonwealth country, we are using almost all acts and terms from British's law as a hierloom. Then its need a lot of revision and up grading in term of time.
I agree with you.

Ahmad Ikmal said...

Haha, I have to admit I had a hard (oops, sorry the pun)time writing this posting. It was supposed to be read in a positive light and convey the the message through properly.

akusayangumno said...

Ikmal,

After ran through the list that I get from bernama, it is now confirmed that you're give up from being one of the UMNO Youth EXCO.

Since you have already officially decided to give up, I have to respect it even I still wondering the reason behind that Allah and you only know it.

Salam and keep up fighting for our survival especially at Jerai!!

Anonymous said...

Good Article. Tough to write seriously on such a subject. But iti s normal now for oral sex. To have this section enforced is like going back 50 years.

I wonder though, oral sex is both ways. The man also performs oral sex on the woman. Is that also considered illegal?

Whatever it is, this section is outdated, either for Malaysia, Singapore or wherever. It must be changed.