Written by: Averroes
As you have guessed, discussing on this topic may be polemic and a taboo for most people, considering the fact the majority of Malaysians are conservative and religiously strict in some sense. Albeit, they do not consider having a forum or dialogue on this topic, but rather punish and blame these people as they are the fuels and charcoals of hell. We all have to understand that people have their own flaws and weaknesses, and should not be disregarded.
There are several laws around the world which creates punishments and designates masturbation as an offence. We shall look into foreign laws before we delve into our local jurisdiction.
In Indonesia, as according to article 281 of the National Law, the maximum sentence is up to 32 months imprisonment.
In the United Kingdom, it is 14 days as according to section 28 of the Town Police Clauses Act 1847 where it is an offence for anyone to willfully and indecently expose his person (penis) in a street or public place to the obstruction, annoyance or danger of residents or passengers.
In Saudi Arabia as of March 2004, their general court had delivered their verdict for 3 years and 300 lashes for those proclaiming that masturbation was permissible in Islam.
Since we have covered foreign laws, masturbation is often an abstract and vague mode of action to begin with. People have different interpretations to define if whether masturbation is a public offence or not as morality is diverse and sundry in all forms. We have an abundance of rows of naturalist jurists-philosophers who adumbrate some of their views on this matter.
According to St. Augustine, he believes that, "the union with God was the end of law. Nature misled and corrupted man. To him, government, property, institutions of man, were products of sin. Hence, if human law was contrary to the law of God, it was to be disregarded."
Additionally as according to Devlin, he believes that though masturbation is an act to which he confines to his own personal and private spaces, it may as well also damage and cause repugnance to the moral principles of what had already been established by society and thus, breaching their construct as a whole.
As according o Mitchell, there is a social cohesion for this which if violated would tear society apart. Even if not illegal, society had implanted an adverse view on masturbation. He cited one case as in Rose v Ford, it was held that approaches for homosexual purposes between adults were approaches for immoral purposes as under the ambit of section 32 of the Sexual Offences Act 1956.
Though, the facts of the case is different from masturbation, it can be equated with the same degree or lesser of that to masturbation.
Since we are confabulating on the topic of naturalists point of view and morality, it is indeed intertwined with religion and Islam. As of a fatwa from the Mufti of Federal Territories, issued under the Irsyad Al-Fatwa Series 295: Masturbation without obligatory ghusl (bath): What is the status of prayer, fast and marriage?
A Quranic verse between 5-7 can be traced to surah al-Mu'minun which states that,
"And they who guard their private parts. Except from their wives of those their right hand possess, for indeed, they will not be blamed - But whoever seeks beyond that, then those are the transgressors."
From here, the majority of Muslim scholars ruled masturbation as prohibited. Even with this fatwa from the Federal Territories, it has to be gazetted by Parliament and then only it will activate section 12 of the Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) and only then he may be sent to jail or given other punishments. So, a Muslim in the Federal Territories may masturbate all he pleases, but he may still be accountable in the afterlife. (Refer to the Sulaiman Takrib case for more clarity which explains the procedure of fatwa to be binding.)
On the other hand, the Criminal or Penal Code of Malaysia that applies to everyone, inclusively of Muslims have laws that may apply to masturbation. Though in most cases, masturbation is only an offence if done in the open field and if we were to do it in our own room, it would be ultra vires the law. There is no specific words for masturbation mentioned in any Malaysian laws, but courts may rely on the following statutes for that matter,
This can be found as under section 14 of the Minor Offences Act and section 377D & 509 of the Penal Code in order to justify and to prove beyond reasonable doubt and bring a prima facie case that the offender indeed masturbated in public.
Put the law aside, and let us dive into a more meaningful and an in-depth conversation. The question to be asked is why do some men masturbate?
1) Weak social interactions
These men did not even wish to be born to be a socially inept or to be foible when communicating with other individuals, especially women. They were raised in a family or social setting where they have been oppressed mentally, physically in a sexual way. They might have faced trauma or sexual abuse as a child which led them to grow into that psychological state.
Therefore, they have no other alternative or method to coax with their disability and forlorn, which they resort to masturbation. They know that they are not the clown of the party, they know that, that they will never have the physique and charms of their peers in attracting women, they will stutter and become jittery when it comes to conversations and interactions with people around them.
They do not have friends to tell them, "Hey dude, you're amazing let's hang out!" or a girlfriend telling them, "I love you baby."
As a hermit or loner, they do not have any person or others to express their isolation and sadness. They have their own problems and issues, but no one really cares to give an ear or nod whenever they want to talk. They see other group of guys hang out at the mall, go to the beach, islands, hiking and generally have fun while doing their outing. They do not experience all of that fun and happiness in a large group.
People will then judge them for being 'sombong' or a snob, but in reality it is just that they do not know how to confront and meet other people and we as part of the society should approach them first and understand what they suffer from. All they want are a group of friends around them motivating and giving their spiritual support whenever he needs them.
Afterall in the end, a person who masturbates and have no friends has already wasted half his life as we make most friends and acquaintances at a very young age below 30, and we will never meet and hang out with our friends as we used too when we enter the workforce.
This is a desolate world they live in.
2) Stress and anxiety
Men whom masturbate suffer from emotional distress and depression. It may range from all sorts of sources, from as early as of primary school all the way to their early adolescence years. Men whom reached their 30s and more are less likely to masturbate and are more matured in their relationships and career life. It is usually those who are still in the educational background and fresh graduates.
This is because, during that age they would have to endure the surge of testosterone and hormonal changes in their body. This would cause them to behave in a certain attitude and character, there is a clear indication of them transitioning into violent expressions and sudden changes in their mood. This is sparked when they are given too many homework, assignment and a hefty task at their working place.
They are unable to cope with much pressure, the absence of friends and life partner to reassure and comfort them, they turn to masturbation as a pill.
There is the tendency that because of the hormones, there will be a wave of dopamine excreted into their brains which causes them to be addicted, such as any other hormones that drives other people to be addicted to a certain type of hobby and past time. This will constantly makes them eager to have more and simultaneously, their libido also increases.
3) Changing relationship atmosphere
Nowadays, more and more women are becoming independent and career-oriented. Women are being engaged in many workforce and sectors, increasing the number of admission into universities and generally do not need to rely on men to survive. The customs and traditions of women being submissive and attached to the needs of their husbands are fading. Though, this does not imply that women is inferior to men. In fact, it further develops the economy and general welfare of women and children.
What is important to take note is that, because of this vast trend, women have placed high demand in what sort of husband they prefer. For instances, a dowry or the traditional hantaran for marriage is set at at whopping thousands of ringgit when it is not even legally obligatory. Just because it is a culture, it cannot be said to be respected just because, it is a culture. A culture is valued if it deserves respect, not just because it is called a culture.
Men also masturbate because of their own self-confidence and self-esteem. They will always bring this issue and idea into their mind. Malaysian society had been heavily shaped that, men should do more than their wife, men are the guardians and protectors of their families and should protect more, this causes doubtfulness in men to marry women.
When this occurs, men would then masturbate or seek other paths for self-pleasure such as flying to Thailand or Bukit Bintang. Indulge in voyeurism and isolate themselves from the rest of the world.
There will be many deficiencies. The world has revolutionized socially. As from the beginning of society, people marry because they just happen to love each other and seek to have children and a happy family. This is what builds a happy society and long-lasting generation. It was never about, "sayang, I nak makeup boleh?" or "Sayang, kenapa you takde kereta Mercedes?" or "Saya nak kahwin dengan orang yang ada Masters sahaja."
If a woman truly loves someone and is genuine about it, then they should not question of what they have or not. This is why the world has drifted into this endless void where marriage is built primarily on financial stability and not on both elements of legitimate love and finance.
Conclusion
In conclusion, as men, if we are planning to stop masturbating, then it is highly celebrated. Every men are given their time to resolve their personal issue and the society and authorities should not intervene into their affairs, unless their masturbation goes to the extreme of rape, molestation, incest, pedophilia, animal buggery and sexual abuse. There should not be laws to prosecute them, allow them to revamp their minds and evaluate their actions between them and god.
These people needs to be given care and affection. As brothers, we must be close friends and support these people and hang out more with them, rather than judging and punishing these innocent souls. Women also should nowadays think about the love and passion of humanity rather than the materialistic desires that the world can offer which depletes eventually.
Never give them your shitty advice such as, "you need to read the quran, you need to solat and zikir." Your lame advice does not apply to everyone in every situation. Do not be the munafiq ustaz, dai'e, PU or boomer who repeats the same advice over and over again. If they want to read the quran and solat, then you should not compel or coerce them to do so. Let them have the will to do their religious acts without having another bastard to tell them all the time.
Do not be the angels who counts the tally of those who go to hell or not. That is not our duty. What we should do is peacefully and compassionately motivate and encourage these people to be better and strive for a beautiful life. We don't have to give them your advice, all you have to do is listen to them and share your sympathy. Only time will tell them when it comes for them to recover. It is the same when Allah wants to grant his hidayah to those when time comes.
If not, no wonder non-Muslims think that Islam is a restrictive and harsh religion. Do not exhibit such nonsense to others. Overall, we stand in solidarity for those who are dealing with masturbation.
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