Juanda today disputed a statement made by Malaysian Muslim lawyers’ association (PPMM) president Zainol Rijal Abu Bakar, who said the sex video could be used as evidence in syariah courts under “bayynah”, which is evidence obtained either through documents, conversations or video.
“What the PPMM president said is wrong and is not in line with Islam,” the Perlis Mufti said today.
Juanda stressed that the sex video was not admissible in a syariah court unless the accused himself admitted to the offence or four “live, male Muslim witnesses who were fair and just” had seen the alleged sex act take place.
“It’s like putting a ring into a finger,” he said. “Even though there are pictures, unclear video clips but this cannot be used as evidence in syariah courts,”
Juanda also expressed concern that Zainol’s statement could cause confusion among Muslims.
“I bear no ill will towards PPMM... but we must not confuse people by giving wrong opinions,” he said, while adding he was uncertain if the syarie lawyer had been misquoted in the reports.
International Islamic University (UIA) law expert Dr Zulfakar Ramlee had also been quoted recently as saying that the sex video could be used as evidence in the syariah courts because the syariah legal system in Malaysia was fashioned using the ta’zir laws.
Zulfakar had said that the laws empower the country’s ruler to determine punishment for zina (adultery) offenders.
Two weeks ago, a mysterious “Datuk T” had screened a video purportedly showing Anwar having sex with an unidentified woman.
Former Malacca chief minister Tan Sri Abdul Rahim Thamby Chik, businessman Datuk Shazryl Eskay Abdullah and Perkasa treasurer-general Datuk Shuib Lazim then claimed responsibility for the video, saying they screened the video to show “a man who wants to be prime minister is not qualified.”
A 107-second snippet surfaced on the Internet on Sunday, just two days after police said the video was not doctored.
It made public part of the video that was only screened to select individuals and reporters prior to this but the clip has since been taken down from video site YouTube for violating the video site’s policy on nudity and sexual content.
PKR has claimed that the clip proved the man in the video was not their de facto leader and repeated their demand that the trio be arrested for pornography.
Anwar has denied he is the man in the video and accused Umno of a politically-motivated “scurrilous attack” on him. - Malaysian Insider
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