Malaysia urged to use cybercrime tools for Islamic offenses

Malaysia's government should explore adopting cybercrime investigation methods to better tackle religious offenses in the Federal Territories, according to Senator Datuk Dr. Mohd Na’im Mokhtar. He highlighted the growing concern over digital platforms being exploited to disseminate deviant teachings and false doctrines, particularly targeting Muslims through social media, fake accounts, and servers operating abroad.

Mohd Na’im emphasized that such mechanisms are crucial for strengthening enforcement and ensuring that digital evidence gathered through cyber investigations is legally admissible in Syariah Court proceedings. "Don't let the law only be able to act against the physical spread of deviant teachings, but be ineffective when the same content is spread from abroad to thousands of Muslims in Malaysia," he stated.

In the Federal Territories, Section 4 of the Syariah Criminal Offences (Federal Territories) Act 1997 addresses offenses related to false doctrines, while Section 5 prohibits the propagation of religious doctrines or beliefs other than Islam among Muslims. Furthermore, Article 11(4) of the Federal Constitution permits federal law to control or restrict the propagation of such doctrines among Muslims in Kuala Lumpur, Putrajaya, and Labuan.

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Don't let the law only be able to act against the physical spread of deviant teachings, but be ineffective when the same content is spread from abroad to thousands of Muslims in Malaysia.

To that end, Mohd Na’im also proposed enhanced coordination between the Royal Malaysia Police (PDRM), the Malaysian Communications and Multimedia Commission (MCMC), the Federal Territories Islamic Religious Department (Jawi), the Department of Islamic Development Malaysia (Jakim), and syariah prosecutors. This collaboration aims to ensure that evidence obtained from cyber investigations can be legally utilized in Syariah Court proceedings. He clarified that this proposal does not imply the Syariah court would take over cybercrime jurisdiction, which remains limited to Muslims and matters stipulated by the Constitution.

"Cyberspace is not a space without law, without morals, and without accountability. What is forbidden and wrong in the real world does not become permissible or right simply because it is done behind a screen," Mohd Na’im asserted. He cautioned against excessive data collection during evidence gathering, stressing the need for clear guidelines. "The space of the internet is not a space without law, without morals, and without accountability. What is forbidden and wrong in the real world does not become permissible or right simply because it is done behind a screen," he added.

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Cyberspace is not a space without law, without morals, and without accountability. What is forbidden and wrong in the real world does not become permissible or right simply because it is done behind a screen.