Illegal intimate relationship would lead to various adverse effects.

For the purpose of this discussion, it could be categorised into the effects illegitimate child and society. The major effect is abortion and baby dumping. This problem has been faced not only to the developed country as well as to the developing country. In Malaysia, the abortion is illegal. Generally abortion means the termination of pregnancy before the fetus is viable or able to survive outside the uterus. According to the Oxford Dictionary of Law defines abortion as the termination of a pregnancy or premature expulsion of a fetus from the womb before the normal period of gestation is complete1. According to the statistic given by World Health Organization (WHO) that 4.4 millions of teenagers have committed abortion. However in Malaysia,although it is not in as serious as other developed states but the number is keep increasing. According to survey made by Lembaga Penduduk dan. Pembangunan Keluarga Negara (LPPKN) that 24 percent of teenagers who age between 13 and 19 years old confessed that they had involved in sexual intercourse. There are a lot of cases nowadays emerge in newspaper in regards to baby dumping and abortion in Malaysia. The position of abortion has been dealt by virtue section 312 to 316. Section 315 deals with the provision that prevents child from being born alive or cause it to die after birth and would be punished with imprisonment for a term which may extend to ten years, or with fine, or both2. However there is exception by virtue section 312 which allows abortion to be conducted if such practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would involve risk to the life of pregnant woman or injury to the mental or physical health of the pregnant woman greater than if the pregnancy were terminated. In short, abortion is not allowed in Malaysia. Baby dumping would also constitute an offence since it relates to the mens rea or the intention of murder. There is no specific provision in our Penal Code in regards to this baby dumping issue. Currently, baby dumping is investigated under other sections or under the Child Act for abandonment, concealment of birth by secret disposal of body, and infanticide, which stipulate jail terms and fines upon conviction. In response to that short coming, Datuk Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil on her ministrys proposal to the cabinet Criminalise baby dumping as an act of murder3.
1 2

to the individual himself, the

Martin, E. A, Oxford Dictionary of Law, New York: Oxford University Press, 1997, at page 2 Section 315 of Penal Code. 3 The Star, 13th August 2010

According to Dr Eric Winkel, principal research fellow from International Institute of Advanced Islamic Studies (IAIS) Malaysia commented Criminalising abandonment encourages someone, already in a terrible situation, to make a worse decision to hide a baby. The classical fiqh does not try to legislate against promiscuity post facto, knowing that any such activity would harm the baby. In order to save the babys life, there can be no criminalisation of abandonment. A child was at greater risk if baby dumping was criminalised.4 In response to that issue, the needs of the harsh punishment should be implemented since it relates with the life of sacred human. Although it might affect the child and the risk would be greater but it would help to frighthen the people nowadays and people would think it twice before that it occurs. At the same time, the government and non-government body should work hand in hand by providing counselling, rehabilitation, and sex education for better understanding. The other effect in relation to these social disputes is transmitted of the sexual diseases or as known as sexually transmitted diseases (STA). This matter should be dealt extensively since it relates with the health of a person who involves with the sexual relationship with the stranger and different partner. According to National Institute of Allergy and Infectious Diseases ( NIAID ) Fact Sheet, An Introduction to Sexually Transmitted Diseases, July 1999 that several diseases could be transmitted due to illegal intimate relationship or free sex which are syphlis, gonorrhea, genital herpes, genital wart, trichomoniasis, bacterial vaginosis, infeksi cytomegalovirus, infeksi chlamydia. Other diseases that could be getting from that sexual intercourse are AIDS / HIV, Hepatitis A, Hepatitis B, and Urinary Tract Infection. As an example, in United States, almost 13 milion of its citizens have been infected by the sexual diseases and most of them are women. The estimated cost that have been allocated in order to cure and prevent the said diseases almost 10 billion. According to the World Health Organization (WHO) that almost 333 millions new cases had emerged in regards to the STA every year and 111 millions involved to the teenagers below 25 years old. It clearly shows that teenagers nowadays frequently change their partner for the sexual intercouse and they do not understand the effect that would harm their health.

New Straits Times, 18 Aug 2010

There is no provision either in the Penal Code or the Criminal Procedure Code that stipulates punishment for adultery. Meaning adultery as an act itself is not a criminal offence in Malaysia under the law since both of them are consent to the act. Thus, there should not a dispute arises. However, the precaution should be given since it relates to the future generation and the betterment of society. Prostitution Since Islam is the religion of the Federation5 and the concept of humanity is concerned thus the issue of morality would arise in regards to the illegal sexual relationship. Illegal intimate relationship would effect the society for instance the issue of illegitimacy of child and prostitution. If abortion could be avoided thus, the child would be illegitimate and the future of the child would be affected. According to Jabatan Pendaftaran Negara (JPN), approximately 53,309 illegitimate children have been registered within 1999 and 20016 and for sure this number would be keep increasing. According to the statistic for 2005 up to 2009, the number of illegitimate children has drastically changes and suprisingly the number is 214,033. Thus, it would effect the society nowadays on basis that the number is keep increasing from times to times and the society nowadays are exposed with the criminal offences. In regards to the issue of prostitution, prostituted persons are mainly adult women, but there are also male, transvestite and child prostitutes, both girls and boys. There are 43,000 to 142,000 or more prostituted persons in Malaysia7. According to Malaysian Social

Development Minister, Zaleha Ismail states there is no way of obtaining correct information on prostitution since the government doesn't compile them8. Prostitution is illegal in Malaysia has been covered under section 372 of Penal Code which is dealing with the activities for the purpose of prostitution. Person who involves with that activity shall be punished with imprisonment for a term which may extend to fifteen years and with whipping, and shall liable with fine.

5 6

Article 3 of Federal Constitution Utusan Malaysia,13 Nov 2002 7 International Labor Organization. Dario Agnote, "Sex trade key part of S.E. Asian economies, study says," Kyodo News, 18 August 1998 8 Philip Waller, "UN: Prostitution Booming in Asia," Associated Press Online, 20 August 1998

However, according to section 23 of Syariah Criminal Offences (Federal Territories) Act 1997 clearly states any sexual intercouse between man and woman who is not his lawful wife shall be guilty and liable to a fine not exceeding five thousand ringgit or imprisonment not exceeding three years or to whipping not exceeding six strokes or any combination. Prostitution would affect the lineage of future generation and the future of that child too. The child would be burden since their status could be easily identified if they have not father plus in their identity card, their fathers name should be Abdullah. Thus, it would effect the dignity of the children and the change the perception of the society. To conclude, we can say that the effects of intimate relationship can be categorised into individual himself, the illegitimate child and the society. The effects that could be occured which are abortion, baby dumping, sexually transmitted diseases (STA), the issue of illegitimacy of child and prostitution.