24 September 2025
Definitions of consent determine how societies set protective boundaries and balance minors’ autonomy against their vulnerability. Contemporary legal debates—particularly around sexual consent, as in our case—are driven by differing views of a minor’s capacity to understand, intend, and voluntarily agree.
Dr Ahmad Farouk Musa, Founder and Director of the Islamic Renaissance Front in Kuala Lumpur, an academic and surgeon by training, made this statement in an interview with BFM 89.9.
The Kelantan police chief, Yusoff Mamat, suggested that girls involved in statutory rape cases should also be charged alongside the adult male perpetrator. He justified his proposal by citing investigations indicating that nearly 90 percent of such cases were consensual. “Currently, the existing law is more geared towards prosecuting men only, while investigations have found that in many cases, both parties are willing. When a report is made, we still have to open an investigation paper and charge the man according to the Penal Code or the Child Act, even if there is an admission that it was done consensually,” he said.
Subsequently, the recent fatwa issued by the Federal Territory Mufti in Malaysia concerning sexual consent has sparked widespread debate and controversy, highlighting the complex intersection of religious authority, cultural norms, and individual rights. While the fatwa underscores the importance of obtaining clear and willing consent within the framework of Islamic teachings, critics fear it may be misinterpreted or weaponised to reinforce conservative or patriarchal notions that limit personal autonomy, particularly for women. This controversy has prompted public discourse on how such religious directives align with Malaysia’s legal standards on sexual offences and human rights, raising concerns about implications for gender equality and personal freedoms. Supporters argue that anchoring the concept of consent within Islamic principles is a positive step toward promoting respectful and responsible sexual relationships. Opponents, however, worry that the fatwa could be exploited to justify restrictive attitudes or hinder progress towards gender equality. As the debate unfolds, it underscores the persistent tension between respecting religious doctrines and safeguarding individual rights in a multicultural society, with government and legal authorities still grappling with how best to reconcile these competing concerns amidst evolving societal values.
BFM 89.9: In Islam, how is moral responsibility defined, particularly in relation to age, puberty, and consent?
Dr Farouk Musa: In Islam, moral responsibility begins when a person reaches puberty. That is the point at which he or she becomes accountable for their actions. We are given a conscience to discern right from wrong. Even in the story of Adam and Eve, their awareness of moral conscience first arose when they approached the tree. This marked the transformation of Adam from a purely instinctive being into a full-fledged human entity, capable of choosing between right and wrong, guided by conscience.
In the Qur’ān’s account of this parable of the Fall in Chapter 2, verses 35-36: we see how “from this state of blessedness and innocence”, the form of address shifts from the dual to the plural, as scholar Muhammad Asad notes in his magnum opus ‘The Message of the Qur’an’. This shift links back to verse [10] and the beginning of verse [11] of surah al-A’raf, making it clear that the story of Adam and Eve is, in fact, an allegory of human destiny.
In their initial state of innocence, human beings were unaware of the existence of evil and, therefore, of the ever-present necessity of making moral choices. Like other creatures, they lived purely by instinct. Yet, this innocence was not a virtue, but merely a condition of existence—one that kept human life static and prevented moral and intellectual development.
The growth of human consciousness—symbolized by Adam’s wilful act of disobedience to God’s command—changed all this. It transformed him into a full human being, capable of distinguishing between right and wrong, and thus, of choosing his path in life.
In this deeper sense, the allegory of the Fall is not about regression but about progress: the beginning of moral awareness and human responsibility. To return to our discussion—yes, in Islam, moral responsibility is understood to begin at the age of puberty.
BFM 89.9: And how do these definitions shape contemporary debates around legal accountability for minors?
Dr Farouk Musa: When it comes to legal accountability for minors, interpretations can vary across Islamic scholars, cultures, and jurisdictions. Local laws and customs often play a major role in defining the legal age of marriage and sexual consent. What is most important, however, is to adhere to the laws of the country—in our case, Malaysia—to ensure that relationships are based on clear mutual consent and maturity.
Definitions of consent determine how societies set protective boundaries and balance minors’ autonomy against their vulnerability. Contemporary legal debates—particularly around sexual consent, as in our case—are driven by differing views of a minor’s capacity to understand, intend, and voluntarily agree.
Since the Mufti of the Federal Territory has voiced out his opinion, I would add, from my perspective as a doctor and a surgeon, that the ability to give consent is paramount. In modern practice, age is used as a clear benchmark. For example, in medicine, anyone under 18 cannot give independent consent for surgery; parental or guardian approval is required.
In Malaysia, the legal age of consent for sex is set at 16 for females. This means that any sexual activity with a girl below that age is statutory rape—whether or not she “consented” in practice. At present, this seems to be the most workable compromise. The aim is not merely to punish males but to safeguard minors from sexual predators and grooming.
Dato’ Dr Ahmad Farouk Musa is a scholar, researcher, social activist, and public intellectual. He is the Founder and Director of the Islamic Renaissance Front. He holds a PhD in Surgery from Monash University Australia, and a Master of Medicine in Surgery from Universiti Sains Malaysia. He is also a Doctoral candidate in Islamic Studies at Universiti Muhammadiyah Malaysia.
