PELACURAN MODEN DALAM TALIAN DI MALAYSIA: ANALISIS DARI PERSPEKTIF UNDANG-UNDANG SYARIAH

Modern Online Prostitution in Malaysia: Analysis from the Perspective of Shariah Law

Abstract

In the era of rapid digitalisation, prostitution has become increasingly accessible through websites, social media platforms, and mobile applications. The widespread use of digital technologies has transformed conventional prostitution into a more sophisticated form of online prostitution, contributing to its rapid expansion both in Malaysia and globally. From the perspective of Islamic law, although the medium through which prostitution is conducted has evolved, its underlying prohibited nature remains unchanged as it continues to undermine the objectives of maqāṣid al-sharīʿah, particularly the preservation of religion (ḥifẓ al-dīn), lineage (ḥifẓ al-nasl), and human dignity (ḥifẓ al-‘irḍ). Despite this growing phenomenon, existing scholarly literature primarily focuses on conventional prostitution, while comprehensive legal studies examining modern online prostitution, particularly within the Malaysian context, remain limited. This gap highlights the need for a more systematic examination of how current legal frameworks respond to technology-enabled prostitution. Accordingly, this study seeks to address two main research questions: How is modern online prostitution conducted through digital platforms? To what extent does the existing Malaysian legal framework effectively regulate and enforce laws against modern online prostitution? To answer these questions, the study adopts a qualitative research design by collecting data through library research, semi-structured interviews, and direct observations. The collected data are analysed using inductive and thematic approaches. The findings reveal that modern online prostitution has evolved rapidly through the use of digital platforms, enabling greater anonymity, wider market reach, and more sophisticated methods of operation. The study further finds that although Malaysia has several legal provisions governing prostitution-related offences, the existing legislative framework and enforcement mechanisms are fragmented and inadequate to effectively address the unique challenges posed by technology-driven prostitution. Therefore, the study concludes that comprehensive legal and policy reforms, together with strengthened enforcement strategies, are necessary to ensure that Malaysian laws remain effective in regulating and combating modern online prostitution in the digital era.