PETALING JAYA: The individual who confessed to being the man in the viral sex videos could be charged for a criminal offence under syariah or civil law, says Malaysian Muslim Lawyers Association (PPMM) president Datuk Zainul Rijal Abu Bakar.
He said the video confession by Muhammad Haziq Abdul Aziz, the senior private aide to Deputy Primary Industries and Commodities Minister Datuk Seri Shamsul Iskandar, points towards the commission of two offences.
"Under syariah law, the offence is one of sodomy, while it is considered an unnatural sexual act against the order of nature under civil criminal law.
"However, under the double jeopardy principle in law, the person cannot be charged for the same offence in two separate courts," he told reporters at a press conference here on Wednesday (June 12).
Zainul said it was crucial to see where he would be charged first.
"If the person is charged in the civil courts, then he cannot be charged in the syariah courts, and vice-versa," he said.
For criminal charges to be initiated, Zainul said, there must be reports lodged against the individual with Islamic religious authorities in Sabah and the police.
Under Section 377A of the Penal Code, an accused could face a maximum sentence of 20 years in jail and whipping upon conviction.
Under Section 82 of the Sabah's Criminal Syariah Enactment 1995, an accused can face a maximum fine of RM5,000 or three years' jail or both upon conviction.
Zainul was asked to comment on Muhammad Haziq's confession made in a 30-second clip posted on Facebook at 2.30am on Wednesday (June 12).In the video, Muhammad Haziq, who named the minister, said the recording of the alleged sex act was done without his consent on May 11 at the Four Points Hotel during the recent Sandakan parliamentary by-election.