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Legal implication of necrophilia in Malaysia: a comparative legal analysis

Mohamad Yunus, Mohamad Ismail and Mohamad Hanifa, Shamshina (2019) Legal implication of necrophilia in Malaysia: a comparative legal analysis. Malayan Law Journal, 1 (1). I-Ixxiii. ISSN 0025-1283

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Abstract

This article on the law of necrophilia argues that human corpses and the laws which govern the use of dead bodies are uniquely positioned to cause precisely these legal discrepancies since the dead body is a quasi-subject before the law. This paper also presents an argument about one of the fundamental reasons that this gap in law exists. Specifically, it is argued that the ambiguous juridical standing of the human corpse in necrophilia cases compounds the sexual monstrousness of the necrophiliac and of necrophiliac acts. In many countries, there are no laws that address the necessary legalities about necrophilia. This legal incapacity hinders the authority to prosecute individuals who are caught having sex with dead bodies. As a result, necrophiliac sex acts are not illegal. The loophole of the law in regard to some countries to protect the dead is deplored in this paper. People who perform necrophilia, not only adds to the sorrow of grieving family members but also infringes other cultural norms and religious beliefs. Thus, the article emphasises that it is long overdue where action needs to be taken to criminalise necrophilia.

Item Type: Article (Journal)
Additional Information: 1688/74424
Uncontrolled Keywords: Necrophilia, abuse of corpse, sexual inadequacy, Malaysian Penal Code, Islamic law
Subjects: K Law > K Law (General)
K Law > KBP Islamic Law
K Law > KD England and Wales
K Law > KPG Malaysia > KPGG0 Wilayah Persekutuan Kuala Lumpur
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Depositing User: DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited: 27 Aug 2019 17:34
Last Modified: 27 Aug 2019 17:34
URI: http://irep.iium.edu.my/id/eprint/74424

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