Why was the alleged mosque mortuary assault not a criminal case?

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Alleged Mosque Mortuary Assault Deemed Not a Criminal Offence

Police investigations into the alleged molestation and rape within a mosque mortuary in Melaka concluded that there were no elements of criminal wrongdoing. This determination was based on statements indicating a lack of coercion, which prevented the establishment of any criminal offence under the Penal Code. Consequently, the case has been referred to the Melaka Islamic Religious Department for further action, as per the Melaka Syariah Offences Enactment 1991.
Lack of Criminal Elements Found

The Melaka police, following a report filed by a woman in her 50s concerning alleged repeated molestation and rape by a 48-year-old man, conducted a thorough investigation. However, the findings did not support the occurrence of criminal acts as defined by the Penal Code. Specifically, the statements obtained by the police indicated no element of coercion, a crucial factor in establishing criminal offences of this nature.
Referral to Syariah Authorities

Given that the police investigation did not uncover evidence of criminal wrongdoing, the case was subsequently referred to the Melaka Islamic Religious Department. This referral is for further action under the provisions of the Melaka Syariah Offences Enactment 1991. This suggests that while the alleged actions did not meet the threshold for a criminal case under civil law, they may fall under the purview of religious or moral offences governed by Syariah law.
Distinction Between Criminal and Syariah Offences

Generally, criminal offences are prosecuted under the Penal Code, which deals with acts deemed harmful to society at large and are subject to secular legal proceedings. Syariah offences, on the other hand, are typically addressed under state-level Syariah criminal enactments and pertain to matters of religious observance, morality, and personal conduct as interpreted within Islamic jurisprudence. The Melaka Syariah Offences Enactment 1991 outlines various offences related to religious and moral conduct that are within the jurisdiction of Syariah courts.

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Why was the alleged mosque mortuary assault not a criminal case?

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