从伊斯兰教的角度防止对儿童的性虐待

IF 0.2 Q4 LAW IIUM Law Journal Pub Date : 2021-05-12 DOI:10.31436/IIUMLJ.V29I(S1).640
N. Hussin, Hanifah Haydar Ali Tajuddin
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引用次数: 1

摘要

马来西亚对儿童的性虐待一直呈上升趋势。马来西亚妇女、家庭和社区发展部表示,2020年上半年共记录了1721起针对儿童的性犯罪案件。在这种情况下,大多数罪犯是家庭成员、监护人和与儿童关系密切的人。这是一个令人担忧的数字。伊斯兰教把对儿童的性虐待视为一种必须严格制止的严重罪行。在伊斯兰教中,任何婚外性行为都受到谴责,被认为是应受惩罚的行为。如果这种行为违背了受害者的意愿,或者是对身体和精神虚弱的人以及儿童等尚未获得同意的人实施的,情况就更糟了。本文讨论了根据伊斯兰教法原则防止对儿童进行性虐待的措施。它从伊斯兰的角度对与受害理论和防止对儿童进行刑事受害的方法有关的现有主要和次要材料进行理论研究。因此,伊斯兰教法文本和有关问题的法学观点是必须加以分析的。这条的调查结果证实,伊斯兰教有一种独特的方法来处理这一问题,甚至在犯罪发生之前就加以预防。伊斯兰教建议个人、监护人、社区以及有关当局可以采取积极主动的步骤,以确保儿童受到保护,不成为容易受骗的受害者。
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AN ISLAMIC PERSPECTIVE ON PREVENTING SEXUAL ABUSE AGAINST CHILDREN
Sexual abuse against children in Malaysia has been consistently on the rise.  The Ministry of Women, Family and Community Development, Malaysia has stated that a total of 1,721 cases of sexual crimes against children were recorded in the first half of 2020. Most offenders in such cases were family members, guardians and those close to the children. This is an alarming number. Islam treats sexual abuse against children as a serious offence that must be strictly curbed. In Islam, any sexual activity out of wedlock is condemned and considered as a punishable act. It is even worse when the act is committed against the will of victim or it is committed against those who are physically and mentally weak as well as those whose consent is not yet valid such as children.  This article discusses measures to prevent sexual abuse against children which are derived from the Shari`ah principles. It adopts a doctrinal study of existing primary and secondary materials relating to theories of victimization and methods to prevent criminal victimization against children from the Islamic perspectives. Hence, Shari’ah texts and juristic views on the relevant issues are essential to be analysed. The finding of this article confirms that Islam has a unique approach to deal with this issue and to even prevent the crime before it is committed. Islam suggests proactive steps that could be observed by individuals, guardians, the community as well as authorities concerned to ensure that the children are protected and do not become gullible victims.
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