Incestuous Rape Under the Laws of Brunei Darussalam and the Shariah

Abstract

Incestuous rape is the sexual abuse of a victim by a relative or other person in a position of trust. Compared to rape by stranger, incestuous rape crime is more painful as it hides secrets and dark experience faced by the victims. The major factor in an incest situation is that, within the power structure of the family, the child’s needs for security, acceptance, and love are exploited in a sexual manner. This research revolves around a wide range of problems such as the absence of specific provision or section in our existing laws addressing the offence of incestuous rape, the problem of silent witnesses and the different views of the Muslim jurists on incestuous rape. Based on these problems, one of the main objectives of this research is to study the position of incestuous rape under the laws of Brunei Darussalam and the Shariah In analysing this objective, a corresponding research question is asked that is, what is the position of incestuous rape under the laws of Brunei Darussalam and the Shariah In terms of research methodology, the research adopts a doctrinal legal research and empirical approach. As to the findings, the research concludes that there is no specific legislation or separate section based on our current existing laws on incestuous rape. In addition, there is also no section in our current existing laws criminalising the act of silent witnesses such as immediate family members who are aware of the incestuous rape but decide to keep quiet. The research recommends for a new section or a separate section to specifically deal with incestuous rape. Furthermore, the research also recommends for a new section to be incorporated into our current existing laws to criminalise the act of the silent witnesses.