More cite Shafee for ‘qazaf’ over homosexual remarks against Anwar

Ahmad Azrizal Tahir

(Malay Mail Online) – Solidariti Anak Muda Malaysia (SAMM) and PKR Youth members lodged a report today with Penang’s religious authorities, accusing Sodomy II prosecutor Tan Sri Muhammad Shafee Abdullah of committing “qazaf” by labelling Datuk Seri Anwar Ibrahim a homosexual without providing proof.

SAMM national coordinator Ahmad Azrizal Tahir said two representatives from the youth group and one PKR youth lodged the report with the state Islamic Religious Department (JAIPP) this afternoon.

They alleged that Muhammad Shafee had broken violated Islamic law on “qazaf”, which is to accuse a person of adultery or homosexuality without producing four male witnesses.

“Muhammad Shafee had toured the nation purportedly to explain the real facts of Datuk Seri Anwar Ibrahim’s sodomy case, which is not only unethical for a lawyer but also against the Shariah law, “ Ahmad said.

He said Muhammad Shafee had clearly committed “qazaf” as the lawyer had reportedly detailed the purported sodomy act between Anwar and Mohammad Saiful Bukhari Azlan during his talks in Penang and Kelana Jaya last month.

“The statements he made – in describing how Saiful was told to use KY Jelly before the so-called act and also the act itself – should be investigated under Section 41 of the Penang Sharia Criminal Offences Enactment 1996 for qazaf,” he said.

Under the section, anyone who accuses another of adultery or homosexuality without producing four male witnesses is deemed to have committed an offence, and can be fined not more than RM5,000 or jailed not more than three years or both.

“We hope the religious department will conduct a thorough investigation against Muhammad Shafee and take appropriate action against him,” Ahmad said.

Yesterday, National Association of Muslim Students in Malaysia (PKPIM) secretary-general Khairul Anuar Manap filed a similar “qazaf” report against Muhammad Shafee at the Selangor Islamic Religious Department’s (JAIS) office in Shah Alam.

On February 17, Shafee told a forum that Anwar is a “closet homosexual” and posed a threat to national security, when explaining the Federal Court’s decision to jail the opposition leader for five years for sodomising his former aide, Mohd Saiful Bukhari Azlan.

Shafee, who acted as public prosecutor under fiat during Anwar’s trial, also shared in detail Saiful’s testimony on how Anwar had sodomised him in 2009.

A week later, independent Muslim preacher Wan Ji Wan Hussin and Ahmad Auzaie Arshad both claimed that Shafee had committed “qazaf” by publicly accusing Anwar of having committed homosexual acts without providing four witnesses as demanded by the Syariah Criminal Enactment (Selangor) 1995.

In response, however, minister Datuk Seri Jamil Khir Baharom claimed that “qazaf” or bearing false witness only applies to heterosexual illicit relations and not sodomy.

Under Section 36 of the Selangor enactment, a Muslim guilty of “qazaf” can be fined not more than RM5,000, jailed no more than three years, or both.

Selangor’s enactment provides separate sections for Shariah offences involving “zina”, including incest, prostitution and sex out of wedlock, all covering heterosexual relations.

Sodomy and sex against nature are covered in two other different sections, with the latter covering both heterosexual and homosexual relations.