Malaysia couple slapped with $1,600 fine each for having sex in mosque's mortuary

A former mosque caretaker and a cleaner in Malaysia were fined RM5,000 ($1,570) each after pleading guilty to committing illicit sexual acts in a mosque's mortuary.

Mohd Rafi Abu Samah, 48, and Norhaslinda Hashim, 51, were sentenced at the Melaka Syariah High Court on Aug 13, Harian Metro reported on Thursday (Aug 13).

The pair had reportedly engaged in sexual acts repeatedly between January and April at the mortuary room of Masjid Al-Ibadah in Kampung Bukit Piatu, Melaka, with subsequent investigations confirming that the acts were consensual.

But only one charge was brought against each of them based on available evidence from the offence that took place on an unspecified day in April, The Star reported.

The charge sheet stated that the couple had attempted to engage in illicit sexual intercourse despite not being legally married to each other under Islamic law.

Both admitted to their respective charges, The Malay Mail reported.

'A grave sin was committed'

The location of the encounters drew a stern rebuke from Melaka Syariah High Court judge Mawardi Che Man.

While the mortuary was separate from the mosque's main prayer hall, it remained part of the sacred grounds and was used to prepare bodies for burial, the judge pointed out.

"This is where the deceased undergo their final cleansing before burial. Instead, a grave sin was committed there," he said.

The judge also criticised the pair for their roles at the mosque.

Mohd Rafi, a widower with four children, was formerly a mosque caretaker and had been entrusted with helping to prepare bodies for burial.

Meanwhile, Norhaslinda, a married mother of eight, had worked as a cleaner and volunteered at the mosque under the Melaka Islamic Religious Council.

Their actions not only breached Islamic law but also betrayed the trust placed in those responsible for maintaining the sanctity of the place of worship, the judge said.

Prosecutors sought a deterrent sentence, citing the seriousness of the offence, the location where it occurred and the pair's roles at the mosque.

The defence, on the other hand, asked the court not to impose jail terms.

The court ultimately fined each of the couple RM5,000, with an 18-month jail term if they fail to pay.

The pair were charged under Section 52 of the Syariah Offences Enactment (State of Melaka) 1991, which carries a maximum fine of RM5,000, up to three years' jail, or both.

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helmy.saat@asiaone.com