‘Workplace Romance’ costs caretaker, cleaner RM10,000 after mortuary management room incident
The 48-year-old caretaker and 51-year-old cleaner entered their guilty pleas after the charges were read before Judge Mawardi Che Man.
MELAKA – A mosque caretaker (tok siak) and a cleaning worker were each fined RM5,000 by the Melaka Syariah High Court on Thursday after pleading guilty to attempting illicit intercourse at a mosque's mortuary management room (bilik mandi jenazah).
The 48-year-old caretaker and 51-year-old cleaner entered their guilty pleas after the charges were read before Judge Mawardi Che Man.
The offence was alleged to have taken place between April 1 and April 30, between 8am and noon, at the mortuary management room of a mosque in Bukit Piatu.
Both were charged under Section 52 of the Syariah Criminal Enactment (State of Melaka) 1991, which carries a fine of up to RM5,000 or imprisonment of up to 36 months or both, upon conviction.
The case previously attracted public attention after the woman lodged a police report alleging that she had been raped.
Based on the facts presented in court, both accused were taken to the Enforcement Division of the Melaka Islamic Religious Department (JAIM) on June 4 following the report.
However, police investigations found no evidence of rape and concluded that the act was consensual.
Lawyer Muhammad Ammar Yaser Ahmad Nazri, who represented both accused, asked the court to consider their voluntary guilty pleas and their understanding of the consequences of their actions.
He said a guilty plea in Syariah cases could also indicate remorse, repentance and self-reflection, although sentencing remained at the court's discretion.
The male accused, a widower with four children, worked as a caretaker and received an allowance through the Melaka Islamic Religious Council (MAIM). He was also said to have resigned after the incident became public.
The female accused, who has been married for nearly 30 years and has eight children, worked at a restaurant in Semabok, earning about RM50 a day, while also undertaking part-time cleaning work at a mosque for RM520 a month.
Chief Syarie Prosecutor of the Melaka Syariah Prosecution Department Wan Mahyuddin Wan Muhammad urged the court to impose an appropriate sentence, citing the seriousness of the offence and the need for deterrence.
He also highlighted the accused's connection to the mosque institution, saying their respective roles required them to uphold its dignity and trust.
The prosecution further said the alleged conduct had occurred in the mosque's mortuary management room, which has religious significance and is associated with funeral-related obligations.
Mawardi subsequently imposed a RM5,000 fine on each accused, with an alternative sentence of 18 months' imprisonment if they failed to pay.
The judge also spent nearly 30 minutes reprimanding the pair, stressing the seriousness of committing the offence within mosque premises.
He explained that while Islamic law provides for severe punishment for zina, Malaysia's Syariah legal framework applies ta'zir, which focuses on deterrence and education.
Mawardi reminded both accused that the mosque should serve as a place for strengthening one's religious commitment and should not be used in a manner that damages the reputation of individuals or the institution.
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