Shariah court dismisses Anwar’s appeal against Saiful
Federal Territory Shariah Court of Appeal says zina (adultery) does not include sodomy and that the religious court does not have the power to review the case.
KUALA LUMPUR: Former opposition leader Anwar Ibrahim lost his final appeal in the Shariah Court of Appeal to have his former aide Mohd Saiful Bukhari Azlan prosecuted for qazaf (making false allegations in relation to a sexual crime).
The three-man panel, led by Shariah Appeals Court Justice Md Yusup Che Teh, held that zina (adultery) did not include sodomy and that the religious court did not have the power to review the case.
He said Anwar, in principle, was right under the Islamic criminal law, but in the Federal Territory the law does not include allegation of sodomy between two males.
“Hence, this application is dismissed with costs of RM5,000,” he said
Yusup also held that the court could not interfere in the powers of the “ketua pendakwa syarie” (chief syarie prosecutor).
The other two syariah judges on the panel were Yusof Musa and Mohd Amran Mat Zain.
Lawyer Mohd Rafie Mohd Syafie, appearing for Anwar, told FMT that the court took a narrow view that the qazaf complaint could only be made if the intercourse was between a male and female.
“We disagree with the interpretation of the court. I have received instructions from Anwar to file a revision before the king,” he said.
The Yang di-Pertuan Agong is the head of religion in the Federal Territory and the revision could be filed before the ruler as the crime was committed in Kuala Lumpur.
Early last year, the Federal Court upheld Anwar’s conviction and five-year jail term imposed by the Court of Appeal for sodomising Saiful in a Damansara apartment in June 2008.
Anwar had filed a complaint in 2010 against Saiful and wanted the chief syarie prosecutor to frame charges for making false accusations against him.
Qazaf means to wrongfully accuse a Muslim man or woman of adultery or homosexuality without the presence of four male witnesses.
In the Federal Territory, one is liable to imprisonment up to three years or a fine of up to RM5,000 or both if convicted.
The Shariah High Court had earlier dismissed Anwar’s appeal.
Last year, Minister in the Prime Minister’s Department Jamil Khir Baharom and two others filed an application to strike out Anwar’s appeal.
The minister said Anwar’s application was no longer relevant as he was already convicted by the Federal Court of committing unnatural sex under the Penal Code.
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Yusup, however, ruled out the preliminary objection, saying that the Federal Court’s decision did not bind the shariah courts in making a decision.