KUALA LUMPUR – Rejecting the implementation of public caning should not be equated with opposing Islamic teachings, said Perlis Mufti Datuk Mohd Asri Zainul Abidin.
He explained that those who disagree with the practice cannot be regarded as opposing Islam.
Citing the example of “khalwat” (close proximity), Asri, also known as Dr Maza, stated that there is no explicit directive in the “sharak” (Islamic law) requiring offenders to be caned in public.
“In fact, caning offenders of such cases in public could contradict the Islamic principle of concealing an individual’s personal shame.
“Publicly caning khalwat offenders is not a command from Allah or the prophet but merely a discretionary decision by authorities,” he said in a Facebook post today.
On Friday, a father of five was publicly caned for repeated khalwat offences at Dewan ‘Aasim, Masjid Al-Muktafi Billah Shah, Kuala Terengganu.
The punishment made the offender, Mohd Affendi, 42, who admitted to khalwat for the third time, the first person in Terengganu to be publicly caned.
Under the amended Terengganu Shariah Criminal Offences (Takzir) Enactment 2022, which came into force on 1 January, repeat khalwat offences may incur punishments of up to six strokes of the cane, a RM5,000 fine, or three years’ imprisonment.
However, the implementation has drawn criticism, including from the Malaysian Bar, which argued that public caning exacerbates the humiliation and suffering of offenders, turning them into objects of public shame rather than encouraging rehabilitation or repentance.
Bar president Mohamad Ezri Abdul Wahab said the practice exceeds the limits outlined in the Shariah Courts (Criminal Jurisdiction) Act 1965 or Act 355.
Ezri also stressed that while Act 355 permits caning, it does not provide for the punishment to be carried out in public.
Meanwhile, commenting on caning, Asri noted that while it is prescribed in the Quran and “sunnah” for adulterers, it must be done without causing harm and in strict adherence to specific conditions and regulations.
Such cases, he said, require four credible witnesses, which is nearly impossible given the nature of the act.
“On the other hand, those who accuse others of adultery without evidence that meets Islamic standards could more easily be caned publicly than the alleged adulterer themselves.
“Clearly, Islam discourages slander and avoids making private sins between a person and Allah a public spectacle.
“Islamic governance also requires authorities to prevent private sins from becoming public fodder. There are numerous Islamic texts supporting this principle if we delve into the matter,” he said. – December 28, 2024