By Sofia Nasir
SHAH ALAM, May 9 — Syariah judicial departments nationwide ought to amend the Syariah Evidence Enactment, specifically for the offence of disturbing the marriage of others, or homewrecking.
The Malaysian Syariah Justice Department’s senior director of justice Muhamad Zakian Dio said the enactment as it stands cannot currently be used to prove offences committed on electronic media.
“In this day and age, usually third parties will utilise social media platforms email, or WhatsApp to seduce others into infidelity or disturb one’s household.
“As such, it is difficult for us to prove (such actions), since the enactment of the charge requires a location, among several other important details. It is quite challenging,” he said.
Muhamad Zakian was speaking as a panellist at the forum Bidang Kuasa Jenayah Syariah, Peranan Institusi Kehakiman Syariah dan Guaman Syarie (Sharia Criminal Jurisdiction, the Role of Sharia Judicial Institutions and Sharia Law), at the Shah Alam Convention Center earlier today.
Held in conjunction with Syariah Legislation Day, the forum also featured Selangor Legal Aid Department senior assistant director Aiman Roslan as a fellow panellist, with Selangor’s Deputy Chief Syariah Prosecutor Atras Mohamad Zin serving as moderator.
Asides from amending the enactment, he said the Syariah legal system should also work with other agencies like the Malaysian Multimedia Communications Commission (MCMC) in assisting prosecutions.
Muhamad Zakian added lack of strong evidence and statements makes it hard for homewrecking cases to be prosecuted in Syariah courts, in spite of the legal provision regarding the offence.
“Numerous such cases cannot be continued due to a lack of evidence. The Syariah enactment must be added on or amended in a similar manner to civil legislation, which recently did so for similar offences,” he said.
Some 250 participants including school students and students from public higher education institutions, mosque administrators, and legal staff from various agencies attended the forum, which was organised by the Selangor Syariah Prosecution Department.
