“Suspicious minds always see things differently”: Zaid calls for more precise definition of khalwat

Focus Malaysia:

“Suspicious minds always see things differently”: Zaid calls for more precise definition of khalwat

FORMER law minister Datuk Zaid Ibrahim said the special committee looking into issues concerning the enactment of Syariah laws in the states must address the shortcomings in the definition of khalwat offences (close proximity).


Zaid said this in response to news that a construction worker became the first khalwat offender in Terengganu to be sentenced to caning by the Syariah High Court in the state on Monday (Feb 19).

The 42-year-old man pleaded guilty to being with a woman in her 30s who is not his wife or “mahram” between 1.10am and 2.15am on Jan 25, at a site that was undergoing renovation in the Kemaman district.


According to Zaid, there must be a more precise definition of what ingredients need to be established before one can be convicted of khalwat as a “totally innocent encounter can be caught” under the present definition of the word.

In the case of the contractor, Zaid said if one is with the opposite sex in a car in an isolated place in Kelantan or Terengganu, then the ingredients of the offence are fulfilled.

“It does not matter that you were not caught having sex. Being together is enough to get you in trouble,” he noted.

“If the special moral police suspect that you are ‘about to commit an immoral act’, then you will be arrested.

“If you are dating a girl or counselling a friend in distress and need a quiet place to chat with her, that’s khalwat. Suspicious minds always see things differently.”

Zaid went on to express hopes that Tun Zaki Azmi, who is chairing the special committee, will address the issue.

“He did a fantastic job in getting the civil court system functioning well when he was the Chief Justice. He can do the same for the Syariah,” he remarked.

“I hope Tun Zaki will recommend that in criminal cases under the Syariah Enactments which invariably attract harsh punishments, a defence counsel be provided by the government to those who cannot afford one. A defence lawyer makes all the difference.”

Zaid further expressed belief that had the construction worker had the services of a defence counsel, he would get a better deal.

“An Islamic government must be a compassionate one, and they should not just clamour for harsh punishments but a system of justice that is fair. Give an accused person a lawyer.

“After all, khalwat offenders generally involve construction workers and poorer segments of the community. They typically plead guilty without proper advice.

“VVIPs or top politicians are seldom hauled up. Their encounters are in the Ritz or 6-star hotels, places that are relatively safe from prying eyes with suspicious minds.”

On Monday (Feb 19) Shariah judge Hamidi Shafie meted out the sentence on Affendi Awang who pleaded guilty to the charge, under Section 31(a) of the Syariah Criminal Offences Enactment (Takzir) (Terengganu) Amendment 2022 which came into force on Jan 1.

Hamidi ordered Affendi to be caned four times and fined RM3,000, in default six months in jail, for the offence, with the caning to be carried out within 14 days from today, if there is no appeal.

The caning sentence was imposed on Affendi as it was his second offence. He was fined in July last year for a similar offence.

Based on the Syariah Criminal Offences Enactment (Takzir) (Terengganu) Amendment 2022, a person convicted of khalwat for the second and subsequent times can be punished with up to six strokes of the cane, a fine of up to RM5,000 or three years in prison.

In his ruling, Hamidi said the punishment meted out on Affendi was also intended to serve as a lesson for him and the society. – Feb 20, 2024