Difficult to prosecute homewreckers due to lack of evidence
Difficult to prosecute homewreckers due to lack of evidence
Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said that strong evidence were required to support the prosecution case against individuals charged as 'third parties'.
"Evidences should include documentation such as chat messages, e-mails, letters, and hearing from witnesses.
"This issue is the reason why we rarely hear of ‘third person’ being prosecuted in Syariah Court even though there are provisions for it in the law," he told Sinar on Sunday.
Mohd Na’im said there were several provisions under the Syariah law that mention the presence of a third party, namely Sections 36, 37 and 38 of the Syariah Criminal Offences Act (WP) 1997 (Act 559).
He explained that Sections 36, 37, and 38 of Act 559 used the phrase ‘any person’ which means anyone who persuades a person’s wife to run away, prevents a husband and wife from living together, or incites a husband or wife to divorce or neglect obligations can be prosecuted.
"Once the enforcement department completes its investigation into this, the report will be sent to the Syariah Prosecution Department to decide whether prosecutions could take place in the Syariah Court or whether no further investigations are required.
"Failure to submit physical evidence to prove allegations of infidelity would make it difficult to make the case under Sections 36, 37, and 38.
"These sections are related to proofs and evidences for conviction, such as actions or conversations that prevent couples from living together by inciting, forcing, or persuading," he said.
He added that laws related to polygamy were enacted specifically to safeguard the interests of all parties.
Therefore, every marriage, be it the first or second, must follow the marriage process that has been set and must be registered under the law in Malaysia, Mohd Na’im said.
"Polygamous marriage cannot be done arbitrarily because it is regulated by law.
"A husband who wishes to engage in polygamy must seek permission from the Syariah Court where he resides," he explained.
