INFORMATION

Information or complaint is a starting point to an

act of solving a certain act that is suspicious as
being a Syariah crime that is done by any parties.
Initial information is very important because it is
usually presented at or shortly after a suspected
event occurred and the informant's memory was
still fresh and the facts of the incident were not
forgotten.
Knowledge or suspicion of sharia criminal conduct
shall be submitted by the person having
information to the Enforcement Division for further
action.
 Information
 Section 9 of Act 560

“Every person who knows the conduct or intention of any

other person to commit any offense shall forthwith provide
information to the Religious Enforcement Officer or the
nearest Police Officer of the act or intention”

*“ Everybody here "can mean both Muslims and non-Muslims

Types of Information

1.Spoken Information
2.Written Information
3.Information via Phone
 Spoken Information
 Changed into written form in Borang 5 and shall be read to
informers.
 Whistleblowers should be given the opportunity to correct
or make additions or amendments to such information;
and
 In the event of any correction or addition, the amendment
shall be made at that time also in the presence of the
informer and re-read to the informer.
 Whistleblowers and PPAs who receive such information
shall bring down the signature on the form.

 Pursuant to Section 54 (1) & (2) ETJS

Written Information

If any information is received by mail, e-mail,

facsimile or otherwise, then the PPA shall re-
contact the informant to determine the
authenticity of the information. Once the
information is verified, the PPA shall file the letter,
e-mail or facsimile on Form 5 and the form shall
be signed by PPA as the whistleblower and
another PPA acting as the recipient of the
information.
 Information via Phone
PPA shall take the following steps:

 (a) Change the information into writing form

 (b) Record the date and time the information is received
in Form 5.

*PPA must sign a form as a whistleblower and signed by

another PPA as the recipient of the information. It is the
practice that every information that is registered in the book
lists the information and is given a registration number. The
information is then to be stored in an investigation file and
Information Registered Book.
 The Whistleblowers
 the whistleblower should also be reminded that all
information must be true.
 If the information, evidence or declaration provided is
false, the whistleblower may be liable to action pursuant to
Section 211.

“Any person who knowingly materially delivers any

information, evidence or confession in person or in writing in
any case if he is required to provide such information,
evidence or declaration by the provisions of this Act shall be
guilty of an offense and shall on conviction be liable to a fine
not exceeding two thousand ringgit or to imprisonment for a
term not exceeding one year or to both”
 To ensure that any information received is credible, any
information provided in writing or verbal, the PPA on duty
shall take the following measures:

 Gets the informant's personal information, including the

telephone number or other contact number to be re-
contacted by PPA,
 Gets the particulars of the whistleblower such as the precise
location of the suspected place (such as address and road
sign) information, suspected identity of the person (OYDS),
the identity of the other person concerned, any other
information that may support complaints regarding the
suspected offence.
Complaint

A statement made either verbally or in writing to

a judge that a person, whether known or
unknown, has committed or is guilty of an
offense, in order for the action to be taken by
the judge under this Act.
 Procedures
 Section 74 (1) of Act 560
 When a Judge takes note of an offense when complained, he
shall immediately examine the complainant who vowed in
accordance with Form 6 of the Schedule and the contents of
the inspection shall be altered into the form 6 in writing and shall
be signed by the complainant as well as by the Judge.
But,
 this provision does not apply to complaints lodged when
application for a summons is made by PPA before it. Section 74
(2) clarifies:
(2) This section shall not apply to complaints of an offense if a
summons is applied in a suit case made by a Religious Enforcement
Officer.
 If theJudge has reasonable doubt
If the Judge has reasonable doubt about the correctness of a
complaint about an offense, he may record the reasons for his or
her doubts and to do one of the following:

 suspend the process of compelling the attendance of the

person complained
 further inquire into it by himself
 or by directing a Religious Enforcement Officer to make further
investigation and to report the results of the investigation into
him.
 This is pursuant to Section 75
Section 75

 If the Judge has reasonable doubt about the veracity of

a complaint regarding an offense which he is authorized
to take note of, he may, when the complainant has
been examined, record the reason he doubts the truth
the complaint and then may delay the issuance of the
process for compelling the presence of the complained
person and whether to investigate itself or direct a
Religious Enforcement Officer to make an inquiry for the
purpose of determining the truth or falsity of the
complaint and reporting to him the outcome of the
inquiry.
Furthermore....

 The Judge is also not legally bound to accept all the

complaints made.

 Section 76 of Act 560 empowers the Judge to reject a

complaint if after consideration is made, it is found that
there is no sufficient ground to proceed with any action
on the basis of the complaint
Section 76

 (1) The judge before whom a complaint is made the

complaint can if, after inspecting the complainant and
recording its examination and considering the outcome
of the inquiry, if any, made under section 75, in its
opinion there is no reasonable ground for continue the
action.
 A judge who dismissed the complaint shall record the
reason he did so
But.......

 If the Judge is of the view that the complaint has a

meritorious action,

 Section 77 of Act 560 allows,

the Judge who takes notice of an offense is of the opinion
that there is sufficient ground for proceeding, he shall issue
a summons for the presence of the accused
Conditions Required to Initiate
Proceedings
 Section 72 (1)
A Judge may take notice of any offense in various ways,

 a. When he receives a complaint as defined that is to say:

by the Acts of Procedure;
 b. Based on his / her own knowledge and with information
supporting that the offense has been committed;
 c. When any person is brought before him in the custody of
the Judge has jurisdiction to talk about it without the process
and accused of committing an offense,
However...

if the information of an offense is based on his / her own

knowledge, then Section 72 (2) of Act 560 clarifies:

 When a Judge takes notice of an offense under

paragraph (1) (b) or, when there are several persons
accused, any of them