PPMM slams 'advice-only' release, demands firmer Syariah prosecution for spa raid detainees

SHAH ALAM – The Malaysian Muslim Lawyers Association (PPMM) has urged religious authorities to adopt a firmer approach by applying Syariah criminal provisions against individuals detained in the recent raid on a spa and wellness centre linked to illicit activities.

Its President Muhamad Hisham Marzuki slammed the practice of releasing suspects with only “advice”, arguing that such leniency undermines public confidence in the enforcement of Islamic law and suggests that Syariah provisions are insufficient to address moral offences.

“Prosecution could be undertaken under existing provisions, including Section 29 for Indecent Behaviour in Public Places, Section 35 for Organising or Encouraging Immoral Acts and Section 43 for Abetment.

“The reasoning that there are ‘legal constraints’ or difficulties in proving cases is something that must be corrected immediately to preserve the rule of law in this country,” he said.

Hisham also dismissed claims that enforcement authorities were unable to proceed, stating that the Syariah Criminal Offences (Federal Territories) Act 1997 provides clear legal grounds, especially Section 25 involving sodomy.

He acknowledged that Syariah criminal cases require strict evidence, including witnessing the act or a confession, but stressed that the absence of observable sexual activity during the raid cannot justify releasing suspects without consequence.

He described that Syariah offences related to same-sex acts, such as 'liwat', are generally defined as acts that contravene Islamic law or natural order, rather than offences requiring a traditional “victim” as in cases of physical crime.

“Cases being dropped on grounds of ‘no victim’ raises important questions about the understanding of criminal law in Malaysia,” he stressed.

Recently, there was a raid at a "men only" wellness centre in Kuala Lumpur on Nov 28, which saw the arrest of 201 men, including 17 civil servants.

The men, aged between 19 and 60, were picked up in a surprise raid involving Kuala Lumpur police, Kuala Lumpur City Hall (DBKL) and the Federal Territories Islamic Religious Department (Jawi).

However, a total of 171 local men were freed after a magistrate rejected a late remand bid on Sunday (Nov 30).

The centre, which operated under the guise of a health and wellness facility, is equipped with a gym, spa, swimming pool and designated rest areas catering specifically for men, said Kuala Lumpur deputy police chief Deputy Comm Datuk Mohd Azani Omar.

The centre reportedly operated daily from 5pm until late at night, targeting those seeking to “unwind” after work.

On Saturday (Nov 29), 13 men were also arrested for their alleged involvement in unnatural sexual and prostitution activities at a commercial premises in Penang.