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Comparative Legal Study of Female Genital Mutilation/Cutting (FGM/C): A Way Forward for Malaysia

Author

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  • Nurin Nafsyaza Ahmad Shahidan

    (Faculty of Law, University of Technology MARA, Shah Alam, Selangor, Malaysia)

  • Muhammad Raif Farisi Ahmad Nizan

    (Faculty of Law, University of Technology MARA, Shah Alam, Selangor, Malaysia)

  • Mohd Radhuan Arif Zakaria

    (Centre of Foundation Studies, University of Technology MARA, Dengkil, Selangor, Malaysia.)

Abstract

Female Genital Mutilation/Cutting (FGM/C) is the non-medical cutting, removal, or injury of female genitalia, most often performed on girls between infancy and 14 years of age. Despite international condemnation and the recognition of FGM/C as a violation of human and children’s rights under instruments such as CEDAW and the CRC, the practice remains widespread, affecting an estimated 230 million girls and women across Africa, the Middle East, and parts of Asia. This study examines the socio-cultural factors and effects, including traditions, religious beliefs, community pressures, and economic incentives, that sustain FGM/C. It also investigates how international legal standards are implemented and compares domestic legal frameworks in the United Kingdom and Malaysia. Adopting a qualitative, literature-based methodology, the research draws on secondary sources from academic and legal databases and employs a comparative approach. The findings reveal that while the United Kingdom has established a robust legal regime with specific statutes, extraterritorial provisions, and protective measures, Malaysia lacks a stand-alone law and relies instead on general child protection statutes and religious or cultural justifications. The study concludes that Malaysia must reconcile its international obligations with domestic religious and cultural realities by enacting a dedicated FGM law, setting medical and legal guidelines, mandating reporting duties, and involving religious authorities. Such a pragmatic approach would enhance protection of girls and women, reduce health risks, and align Malaysia more closely with international human rights standards.

Suggested Citation

  • Nurin Nafsyaza Ahmad Shahidan & Muhammad Raif Farisi Ahmad Nizan & Mohd Radhuan Arif Zakaria, 2025. "Comparative Legal Study of Female Genital Mutilation/Cutting (FGM/C): A Way Forward for Malaysia," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(9), pages 8900-8910, September.
  • Handle: RePEc:bcp:journl:v:9:y:2025:issue-9:p:8900-8910
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