PAS’ prominent new member Datuk Zaid Ibrahim is pushing for the repeal of khalwator close proximity offence again. He tried in the past but it was not successful.
The crux of his argument against khalwatis investigations involve intrusion into other people’s privacy. Privacy much be protected since there are laws in Quran and the Hadith regarding protecting privacy.
The former politician who was in various different parties went on to claim that the law against close proximity was inherited from the British.
“Why do we still follow the British khalwat laws? Because these khalwatlaws were put in place for adultery, and we dare not repeal them or are too lazy. It’s adultery that is a serious offence in Islam; not close proximity.”
It must be noted that khalwat is a sharia offence, not an offence listed in the Penal Code. Adultery is not an offence in civil law but it is an accepted ground for divorce under the Law Reform (Marriage and Divorce) Act 1976.
The arrest of young couples is to show that the government is doing something to prevent immoral activities, and to collect fines.
The former de facto law minister made the call following media reports which stated that Kelantan had recorded 2,000 arrests for khalwat.
The podcaster also pointed out that it was impossible to prevent close proximity by spying on people. Most cases would end up with those detained paying fines as they cannot afford lawyers. The public also want to avoid getting embarrassed by being in open court.
Close proximity would continue to rise for various reasons. In the case of Bersama co-leader Nik Nazmi Nik Ahmad it was for work, he claimed.
The former UMNO member said the government should instead just educate the public on morality.
Detaining and jailing the people would not work since the rich can fly to Phuket.
The government was told that the public would be happy if the offence is decriminalised and the government can focus on combating adultery.
The one-time DAP member added that the upgrades of the sharia courts and new batches of Islamic scholars does not mean that the institution and scholars are tasked with spying and arresting people.
The current government was told to focus on the law of privacy which is central to Islamic jurisprudence and repeal khalwat as an offence.
“Go after the adulterous relationships which are the offences you want to curb. Then we can see if spending money on our scholars is justified.” ‒Nov 6, 2026
Main image credit: Berita Harian
