A former mosque caretaker and a married woman have each been fined RM5,000, in default of 18 months’ jail, after pleading guilty to committing zina inside a mosque mortuary in Melaka.
The Melaka Syariah High Court heard that the 48-year-old man and 51-year-old woman had engaged in the prohibited acts on multiple occasions between January and April this year.
Affair took place in mosque mortuary
The acts took place inside a mortuary room at Masjid Al-Ibadah in Kampung Bukit Piatu, an area used to prepare and cleanse deceased persons before burial.
Syariah High Court judge Mawardi Che Man described the offence as particularly serious because it happened within the grounds of a mosque.
“This is the final place of purification for the dead. But what happened there brought great sin because intercourse took place there,” he said.
According to reports, the judge also reprimanded the pair over the location, stressing the sanctity of the mosque grounds.
Both had roles at the mosque
The court heard that the man, Mohd Rafi Abu Samah, 48, was a former siak who had previously been involved in funeral preparations.
The woman, Norhaslinda Hashim, 51, was a cleaner who assisted with cleaning duties at the mosque as a volunteer under the Melaka Islamic Religious Council.
The judge said their positions made the offence even more disappointing.
Initially investigated after rape report
The case came to light after the pair were handed over to the Melaka Islamic Religious Department’s enforcement division on June 4 following a police report alleging rape.
However, subsequent investigations found that the sexual acts were consensual and had occurred repeatedly.
Both were charged under Section 52 of the Syariah Offences (Melaka) Enactment 1991, which provides for a maximum fine of RM5,000, imprisonment of up to 36 months, or both upon conviction.
The prosecution sought a deterrent sentence, citing both the location of the offence and the roles held by the accused.
Both defendants were represented by Syarie lawyer Muhammad Ammar Yaser Ahmad Nazri from the National Legal Aid Foundation.
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