MELAKA: The Melaka Syariah High Court fined a former mosque caretaker and a cleaner RM5,000 each, in default 18 months' jail, after they pleaded guilty to committing illicit sex in a mosque's mortuary room.
Judge Mawardi Che Man described the offence as particularly serious, noting that the act took place in a facility designated for preparing the deceased for burial.
“You are lucky you did not end up as corpses while committing the act. Otherwise, you could have been washed there straight away,” he said before passing sentence on Thursday (Aug 13).
Former mosque caretaker Mohd Rafi Abu Samah, 48, a widower with four children, and cleaner Norhaslinda Hashim, 51, a married mother of eight, admitted to their respective charges.
The court heard that the pair engaged in illicit sexual acts multiple times in the mortuary room of Masjid Al-Ibadah in Kampung Bukit Piatu between January and April.
However, prosecution brought a single charge against each accused based on available evidence.
According to the charge sheet, Mohd Rafi and Norhaslinda attempted to have illicit sexual intercourse despite not being legally married to each other under Islamic law.
The offence occurred in the mortuary room between 8am and noon on an unspecified date between April 1 and April 30 in the Melaka Tengah district.
Mawardi emphasized that although the mortuary room was separate from the main prayer hall, it remained within sacred mosque grounds dedicated to final cleansing rites before burial.
“This is where the deceased undergo their final cleansing before burial. Instead, a grave sin was committed there,” he said.
Both were charged under Section 52 of the Syariah Offences Enactment (State of Melaka) 1991, which carries a maximum fine of RM5,000, imprisonment of up to 36 months, or both, upon conviction.
According to case facts, police handed Mohd Rafi and Norhaslinda over to the Melaka Islamic Religious Department's enforcement division at 4.30pm on June 4 following an initial police report alleging rape.
Subsequent police investigations revealed that the acts were consensual and repeated.
Melaka Chief Syarie Prosecutor Wan Mahyuddin Wan Muhammad, assisted by Syarie prosecutor Radzwan Abdullah, urged the court to impose a deterrent sentence given the sanctity of the location and the accuseds' positions as mosque personnel.
The pair were represented by syarie lawyer Muhammad Ammar Yaser Ahmad Nazri from the National Legal Aid Foundation.
