PKR adviser Datuk Seri Anwar Ibrahim on Wednesday lodged a report with the Federal Territory religious department against Mohd Saiful Bukhari Azlan for falsely accusing him of fornication. This was in response to Saiful's police report, lodged on June 28, alleging Anwar had sodomised him at a condominium in Damansara. Under Islamic Syariah Law, if Saiful fails to produce four witnesses to the alleged sodomy he can be found guilty and fined RM5,000 or jailed not more than three years, or both.
#UPDATE FRoM THe STaR ONLiNe: He made the report under Section 41 Qazaf (false accusation) of the Federal Territory Syariah Criminal Offence Act 1997. Under Section 42, if someone accuses another person of fornication “without providing four male witness or the iqrar (oath) of the person who is accused” the accuser has committed an offence in which he (the accuser) can be fined up to RM5,000 or jailed up to three years or both. Speaking to reporters Wednesday after he met with Muhammad Ajib, the director-general of the enforcement unit, Anwar said he had made the report under qazaf based on advice from his lawyers and religious scholars to clear his name and that of his family “from this malicious attack on my character.”
“It’s demeaning to me and my family. This slander is a major issue because it involves a sexual crime and attempts to mislead the Muslim population to attack me and my character,” he said adding that the accusation was fabrication and clearly politically motivated. Early this month, a former PKR volunteer, Saiful, claimed that Anwar had sodomised him at a condominium at Bukit Damansara. He made a police report on the matter. Saiful also challenged the de facto PKR leader to a mubahalah which is to take an oath before God to show who is telling the truth by seeking God’s curse to befall the lying person.
Anwar who was accompanied by his wife Datin Seri Wan Azizah Wan Ismail and lawyer Kamar Ainiah Kamaruzaman, said he was prepared to take part in a mubahalah if the ulamak and syariah courts advise him to do so. “I am leaving it to the Islamic scholars. It is not a question of courage or that I am not prepared to take an oath but because it is a religious issue - not a political game - so I have to be (correctly) advised about it. “If the ulamak and syariah court advise this needs to done, then I will do it,” he said. Anwar said Muslim scholars had advised him against doing anything that transgressed Islamic rule.
“This is a criminal offence. It must be investigated. There’s nothing in Islamic law that allows you to take an oath when it is a criminal offence. “Otherwise a murderer can swear on the Quran and get away scot-free,” he said, adding that this (mubahalah proposal) was a form of trickery to delude the Muslims as whatever he did could influence a great number of Muslims in the country.
His lawyer Kamar Ainiah said under Islam a man was innocent until proven guilty and it was up to the accuser to bring forward four witnesses to prove his accusation. To a question that Saiful had claimed that Anwar had sodomised him against his will and hence the matter should be considered as rape rather than fornication, Kamar Ainiah said, this was not logical as the former (Saiful) was much bigger and stronger than Anwar and should have been able to fight him off if that was so. - THe STaR ONLiNe
Dakwaan liwat pembantu Datuk Seri Anwar Ibrahim terhadapnya hari ini bertukar menjadi isu qazaf - kesalahan bawah jenayah syariah bagi tuduhan palsu. Penasihat PKR mengadukan isu laporan polis Mohd Saiful Bukhari Azlan bulan lepas kepada unit siasatan, bahagian penguatkuasaan Jabatan Agama Islam Wilayah Persekutuan (JAWI) pagi ini. "Atas nasihat ulama dan peguam, saya telah membuat aduan kepada bahagian penguatkuasaan, membersihkan nama saya dan keluarga daripada fitnah jahat dan mengaibkan ini," katanya selepas aduan.
"Dan saya dinasihatkan membawa kes ini mengikut undang-undang peruntukan qazaf. Jadi, (saya) minta bahagian penguatkuasaan buat siasatan segera." Menurut seksyen 41 Akta Kesalahan Jenayah Syariah (Wilayah Persekutuan) 1997, "mana-mana orang yang menuduh orang lain melakukan zina (atau liwat) tanpa mengemukakan, mengikut hukum syarak, empat orang saksi lelaki atau ikrar orang yang dituduh itu adalah melakukan suatu kesalahan." Jika disabitkan dengan kesalahan qazaf, seseorang boleh didenda tidak melebihi RM5,000 atau dipenjarakan selama tempoh tidak melebihi tiga tahun atau kedua-duanya.
Anwar diiringi oleh isterinya dan juga presiden PKR Dr Wan Azizah Wan Ismail dan dua peguam, Ahmad Shabrimi Mohamed Sidek dan Kamar Ainiah Kamaruzaman. Mereka tiba di pejabat JAWI di Jalan Damansara pada jam 10.15 pagi. Tiada penyokong beliau kelihatan di situ, kecuali kira-kira 50 wartawan dan jurugambar. Anwar kelihatan keluar dari pejabat JAWI selepas 45 minit membuat aduan. - MaLaYSiaKiNi ONLiNe
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