Malaysian Woman Halimah

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Charge:	Khalwat (Intimate relations between sexes)
Sentence:	"14 days and RM3,000 (US$930) fine "
Years Imprisoned:	0.04
Year Crime:	2011
Year Convicted:	2012
Year Cleared:	2014
U.S. State or Country of Crime:	Malaysia
County or Region of Crime:	Penang
City of Crime:	George Town
Result:	Judicially Exonerated
Summary of Case:	"An Indonesian woman known only as Halimah was wrongly convicted on Feb 28, 2012 of committing "khalwat" with a male co-worker at the spa where she was working at in George Town, Penang, Malaysia on December 8, 2011. In Malaysia it is illegal for unmarried people to commit "khalwat," which loosely translated means to be intimate. Both Halimah and the man were non-Muslims. Halimah, a mother of four, is illiterate and she was unrepresented when she appeared in the lower Syariah Court and nodded yes when the charge was read to her and she was asked if she was guilty. After her conviction by her guilty plea Haliman was sentenced to 14-days in jail and a fine of RM3,000 (US$930). The Malaysian Bar Council learned of Halimah's case and filed an appeal on her behalf with the Syariah High Court, which denied her appeal in September 2013. Halimah then appealed to the Syariah Court of Appeal, arguing that since Halimah was Catholic and the man was a non-Muslim, "khalwat" didn't apply to them. On June 5, 2014 the Court of Appeal overturned Halimah's conviction on the basis "There was no case against Halimah as, under Section 74 of the Religious Enactment Act, the Syariah Court has no jurisdiction over non-Muslims.” The appeals court ordered case back to the Syariah Court for disposition. Halimah's case is believed to be the first time a non-Muslim was prosecuted for committing "khalwat.""
Conviction Caused By:	"The trial court erroneously applied "khalwat" to a non-Muslim."
Innocence Proved By:	"On June 5, 2014 the Court of Appeal overturned Halimah's conviction on the basis "There was no case against Halimah as, under Section 74 of the Religious Enactment Act, the Syariah Court has no jurisdiction over non-Muslims.”"
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Was Perpetrator Identified?
Age When Imprisoned:	40
Age When Released:	40
Sex:	Female
Skin/Ethnicity:
Information Source 1:	"Indonesian woman's 'khalwat' conviction quashed, By R. Sekaran, The Star (Malaysia), June 20, 2014"
Information Location 1:	http://www.thestar.com.my/News/Nation/2014/06/20/Indonesian-womans-khalwat-conviction-quashed/
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Malaysian Woman Halimah

Charge:

Khalwat (Intimate relations between sexes)

Sentence:

"14 days and RM3,000 (US$930) fine "

Years Imprisoned:

0.04

Year Crime:

2011

Year Convicted:

2012

Year Cleared:

2014

U.S. State or Country of Crime:

Malaysia

County or Region of Crime:

Penang

City of Crime:

George Town

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

"The trial court erroneously applied "khalwat" to a non-Muslim."

Innocence Proved By:

"On June 5, 2014 the Court of Appeal overturned Halimah's conviction on the basis "There was no case against Halimah as, under Section 74 of the Religious Enactment Act, the Syariah Court has no jurisdiction over non-Muslims.”"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

40

Age When Released:

40

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Indonesian woman's 'khalwat' conviction quashed, By R. Sekaran, The Star (Malaysia), June 20, 2014"

Information Location 1:

http://www.thestar.com.my/News/Nation/2014/06/20/Indonesian-womans-khalwat-conviction-quashed/

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