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Sexual and Reproductive Health of Adolescents and Youths in Malaysia
all citizens have access to 12 years of
quality education. The National Youth
Development Policy 1997 is designed for
young people aged 18 to 25 years and
advocates several health-promoting
activities among young people. However,
sexuality is still not explicitly addressed.
There are also other initiatives to
improve the health of young people. For
example, Muslim couples intending to
marry are required to undergo formal
training to enhance their knowledge of
the responsibilities of married life and
parenthood before they can obtain a
license to marry. Efforts have begun to
introduce such a practice to the other
religious groups in the country.
3.3.2. Legislation
The protection of children, adolescents
and young people is addressed by various
laws. In many areas of sexual and
reproductive health, especially those
related to marriage, family and
inheritance, there are different laws for
Muslims (subject to Shari’ah law) and
non-Muslims (subject to civil law).
(1) Marriage, sexual relations
In many societies, sexual relations and
pregnancy are socially and legally
acceptable only if they occur within
marriage. Many individuals, adolescents
included, receive their sexual initiation
upon marriage. Laws setting a minimum
age for marriage are almost universal.
The Malaysia civil law (Family Law on
Marriage) states that a person must be
at least 18 years of age, and the consent
of parents/ guardian must be obtained
for those older than 18 but younger than
21 years of age. Under Muslim law, the
minimum age for girls to marry is
16 years, and for boys it is 18 years.
Consent is a requirement for all girls and
women, irrespective of age.
(2) Abortion
Laws authorize abortion only where the
life or the health of the woman is
threatened, Section 312 of the Penal
Code allows ”medical practitioners
registered under the Medical Act
1971 to terminate the pregnancy, if he/
she is of opinion, formed in good faith,
that continuation of the pregnancy
would pose a greater risk to the life, or
mental or physical health of the pregnant
woman than if the pregnancy were
terminated”. The fatwa (Muslim ruling)
on termination of pregnancy allows it
with no conditions within 40 days of
conception, and between 40 and 120 days
on the condition that continuation of the
pregnancy would endanger the health or
life of the mother and fetus.
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