Strengthening Legal Protection Against Online Child Sexual Grooming in Malaysia: A Comparative Legal and Maqasid Al-Shariah Analysis

Abstract

In recent years, online child sexual grooming and exploitation have emerged as critical global concerns, driven by the rapid expansion of digital communication technologies and increased internet accessibility among children. In Malaysia, the rising number of reported cases highlights growing vulnerabilities faced by children in digital environments. This article examines the adequacy of the existing legal framework governing online child sexual grooming in Malaysia through comparative analysis with selected jurisdictions, namely the United Kingdom and Singapore. The study further evaluates the Malaysian legal framework using the normative principles of Maqasid al-Shariah, particularly the protection of life, intellect, dignity, and lineage. This study adopts a qualitative legal research methodology based on doctrinal legal analysis, comparative legal analysis, and normative evaluation. Data were collected from primary and secondary sources, including statutory provisions, case law, academic literature, policy documents, and institutional reports. The data were analysed using content analysis, comparative legal analysis, and descriptive analytical methods to identify regulatory strengths, structural gaps, and areas requiring legal reform across the examined jurisdictions. The findings indicate that while Malaysia has established an important legislative foundation through the Sexual Offences Against Children Act 2017 and related laws, existing provisions remain insufficiently comprehensive in addressing early-stage online grooming behaviour, particularly where explicit intent to commit a specific sexual offence is difficult to establish. In contrast, jurisdictions such as the United Kingdom and Singapore demonstrate stronger preventive legal approaches by criminalising sexual communication and grooming behaviour at earlier stages of interaction. From a Maqasid al-Shariah perspective, effective child protection requires not only punitive measures but also preventive legal mechanisms that safeguard children’s dignity, psychological wellbeing, and long-term societal interests. This article proposes strengthening Malaysia’s legal framework through clearer criminalisation of online sexual grooming as a standalone offence, enhancement of digital evidence frameworks, and the development of child-centred digital protection policies. Integrating contemporary legal mechanisms with Maqasid al-Shariah principles is essential to ensure holistic, sustainable, and culturally grounded protection of children in Malaysia’s digital ecosystem.