KUALA LUMPUR – Mohd Affendi Awang will be the first individual in Terengganu to be publicly caned for the repeated offence of khalwat (close proximity with someone of the opposite sex without a valid marriage).
Senior Syariah High Court Judge Kamalruazmi Ismail imposed the six strokes of the cane after the 42-year-old widower pleaded guilty to charges under Section 31 (a) of the Syariah Criminal Offences (Takzir) (Terengganu) Amendment Enactment 2022 for committing khalwat.
The caning was imposed on Affendi as this was his third offence. The court also sentenced him to a fine of RM4,000 or six months’ imprisonment if he fails to pay the fine.
The judge also ordered the caning to be carried out at Masjid Al-Muktafi Billah Shah in Kuala Terengganu on December 6, after Friday prayers, once the appeal period expires.
The prosecution was handled by Deputy Chief Syariah Prosecutor Nik Mohd Shahril Irwan Mat Yusof. The accused was not represented by a lawyer.
In his ruling, Kamalruazmi said that the primary goal of any punishment under Syariah law is to serve as a lesson, to educate and deter, so that such actions do not recur, particularly for the accused and as a general reminder for the public.
“A true believer does not fall into the same trap twice. You (Affendi) have already been caned and imprisoned, yet you repeated the offence (khalwat). The first caning should have been a lesson,” he said, as quoted by BH Online.
According to the charges, the accused was caught in a khalwat offence with a 52-year-old woman at a house in Kemaman at 1:40 AM.
Last year, on July 11, Affendi was fined RM2,700 or sentenced to three months’ imprisonment after pleading guilty to a khalwat charge at the Kemaman Syariah Lower Court.
On January 25 of the same year, Affendi once again committed the same offence, leading to the Syariah High Court in Terengganu imposing four strokes of the cane, a fine of RM3,000, or six months in prison if he failed to pay the fine.
Under the Syariah Criminal Offences (Takzir) (Terengganu) Amendment Enactment 2022, the punishment for a second or subsequent khalwat offence can include up to six strokes of the cane, a fine of up to RM5,000, or imprisonment for up to three years. This law came into effect on January 1, 2024. — 20 November 2024