Perlis mufti Juanda Jaya today hit out at a claim that the sex video allegedly involving opposition leader Anwar Ibrahim can be admitted as evidence in the Syariah Court.

He said the statement by Malaysian Muslim Lawyers Association (PPMM) president Zainul Rijal Abu Bakar "deviated" from Islamic principles.

"Adultery can only be proven by two ways, that is a confession by the adulterer or four witnesses (who are fair) who had seen the act," he said.

dr juanda jaya perlis mufti candidate 081106 Juanda ( left ) was commenting on an earlier statement by Zainul, who had said that the sex video allegedly involving Anwar can be used as evidence in the Syariah Court to prove adultery.

Zainul contended that the video falls under the category of ‘ bayyinah ’ proof, which is evidence gathered in various forms such as documents, speeches and videos.

This legitimises the use of the video as evidence to press charges on adultery, if the prosecutor is unable to bring four male witnesses.

Juanda said that as a lawyer, Zainul should be well-versed in the issue and avoid sowing confusion among the public.

"Video or photographic proof is not accepted (as evidence) for the crime of adultery. This view is quite misleading.

"Do not politicise syariah law... The punishment for adultery in Islam is very heavy, so it must be fully proven," he said.

Meanwhile, Juanda commended Parliament speaker Pandikar Amin Mulia for not allowing the video to be screened in the Dewan Rakyat.

He said if the sex video screening was to be allowed, it would open the floodgates for more such videos to be screened.

'Juanda wrong on bayyinah'

Zainul later today responded saying, “In Syariah court, bayyinah has been widely used including videotapes, photographs, documents and so on.”

“Furthermore its use is not limited to cases of asset disputes but also criminal cases,” he said in a statement.

He advised Juanda to familiarise himself with the Islamic evidence law and Syariah criminal court procedures to distinguish between the admission of evidence and the conviction of an offence.

“In accordance to Syariah criminal laws, even when a wrongdoing under hudud cannot be proven through the strict hudud principles, the judge can still make a taazir ruling (discretionary and corrective punishments) relying on bayyinah ," said the PPMM president.

“However, in Syariah court, even in the event bayyinah is accepted as proof, it does not necessarily result in a conviction,” he added.

“For example, if a person makes a police report that she has been abused, the police report can be accepted as bayyinah (evidence). However, the report alone may not be sufficient for a fasakh ,” said Zainul.