What legal section was invoked for the offence committed in the mortuary?

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Section 52 of the Syariah Offences Enactment (State of Melaka) 1991 was invoked for the offence committed in the mortuary.

The Melaka Syariah High Court fined a former mosque caretaker and a cleaner RM5,000 each, with an alternative of 18 months' jail, after they pleaded guilty to committing illicit sex within the mortuary room of Masjid Al-Ibadah. The court invoked Section 52 of the Syariah Offences Enactment (State of Melaka) 1991, an act that stipulates penalties for such transgressions. This legal provision allows for a maximum fine of RM5,000, imprisonment for up to 36 months, or a combination of both, upon conviction.
Details of the Offence and Location

The illicit sexual acts occurred on multiple occasions between January and April within the designated mortuary room at Masjid Al-Ibadah in Kampung Bukit Piatu. Although the prosecution presented a single charge against each individual, the court heard evidence of repeated consensual sexual activity. Judge Mawardi Che Man highlighted the gravity of the offence, emphasizing that the mortuary room, despite being separate from the main prayer hall, is considered sacred mosque grounds. He remarked on the sanctity of the location, intended for the final cleansing of the deceased, where a "grave sin was committed."
Penalties Under Section 52

Section 52 of the Syariah Offences Enactment (State of Melaka) 1991 outlines the legal consequences for the committed offence. Upon conviction, offenders are liable to a maximum fine of RM5,000. Alternatively, they may face imprisonment for a period not exceeding 36 months, or be subjected to both the fine and imprisonment. The judge's sentence of RM5,000 each, in default of 18 months' jail, falls within the prescribed limits of this enactment.
Background of the Case

The case initially came to light when police handed the pair over to the Melaka Islamic Religious Department's enforcement division on June 4, following an initial report alleging rape. However, subsequent investigations by the police revealed that the sexual acts were consensual and had occurred repeatedly. The prosecution, led by Melaka Chief Syarie Prosecutor Wan Mahyuddin Wan Muhammad, urged the court to impose a deterrent sentence, citing the sacred nature of the location and the accused's former roles as mosque personnel. The defence was represented by Syarie lawyer Muhammad Ammar Yaser Ahmad Nazri from the National Legal Aid Foundation.

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What legal section was invoked for the offence committed in the mortuary?

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