sosThe Religious Departments in many Malaysian states have been ramping up their khalwat raids, mostly in budget hotels or private houses, following the tip-offs from the public. According to Zaid, most of the raids on khalwat cases are carried out in cheap hotels, in cars, or in public places, which are locations that are easily accessible to the poor.
Meanwhile, he said, Malays in positions such as Members of Parliament (MPs) or Ministers are rarely charged with the offence of khalwat because they can afford to rent private apartments, luxury hotels, or make more private ‘rules’.
“This makes khalwat a ‘poor man’s offence’, not because the rich don’t do it but because they don’t get caught.”
“When enforcement is fundamentally selective, it fails to meet the principle of equality before the law under Article 8 of the Federal Constitution.”Zaid also referred to a report regarding a couple who had to go to jail for failing to pay bail of RM1,500 each as set by the Kuantan Syariah Lower Court in Pahang, recently, following charges of khalwat against them. According to Zaid, bail of RM1,500 may not be a problem for middle or upper-class families.
Zaid pointed out that it is appropriate that the offence of khalwat be decriminalised since
khalwat is a personal moral issue between the individual and God, not something that should lead someone to prison.
Should this happen, the country can focus on real problems such as domestic violence, sexual abuse, and exploitation rather than controlling personal behaviour that is done voluntarily.
He explained that if khalwat laws are to encourage good morals, it can be done through education, family counselling, and community involvement, not through punishment.
“In Islam itself, the act of tajassus (spying) is prohibited, but raids on private areas often rely on intrusive spying.”