2009/12/17
By Mazlinda Mahmood
Malaysia-SHAH ALAM: Selangor mufti Datuk Mohd Tamyes Abdul Wahid wants a law enacted to govern the practice of magic, especially black magic.
Tamyes said black magic practitioners and those who used magic for evil purposes were getting away with it as there was no law against it.
"Black magic is difficult to prove in court as the practice is abstract and cannot be proven by the five senses.
"Therefore, legal practitioners and the authorities must think of a suitable form of law to charge black magic practitioners in court," he said after launching a seminar entitled Muzakarah Pakar: Bentuk Sihir Pengasih dan Metodologi Diagnosis (Expert Seminar: Forms of Love Magic and Diagnosis Methodology) organised by the Selangor Mufti's Department here yesterday.
Tamyes said the resolutions from the seminar would be referred to the state Fatwa Committee for discussion before they are taken to the National Fatwa Committee.
He said the law on black magic could be included in the Syariah Criminal Enactment for offences committed by Muslims, while a new act must be created for non-Muslims.
One of the panellists, Datuk Dr Haron Din, said attention must be given towards having a legal provision to stop the use of black magic, especially among Muslims, as there is a pressing need for it based on the current situation.
He said black magic, which is against the precepts of Islam and would ultimately bring harm to its practitioners, is widely used for criminal activities, such as casting spells during robbery as has been reported in several jewellery heists recently.
"Criminals were said to have tapped a victim's back or blown cigarette smoke on a victim's face to cast a spell, making them unaware they are being robbed."
He said black magic practitioners usually have special rooms and use specific tools like an animal skull, rosary beads, incense, old weapons like parang, kris, sword, and yellow or blue cloth and these could be used as evidence by the prosecutors to charge them in court.
Haron proposed that black magic practitioners be charged under the Takzir law where the punishment for an offence would be up to a judge's discretion.
He said a charge under Takzir is easier as it only needs direct and indirect evidence compared with Hudud which needs proof without any doubt.
Haron added that the punishment could include jail and whipping according to syariah and banishment from the district.
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