Source : The Star
KUALA LUMPUR: Datuk Seri Anwar Ibrahim has lodged a report at the Federal Territory Religious Department against Mohd Saiful Bukhari Azlan saying the 23-year-old former aide has falsely accused him of fornication.
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.
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