Last Friday (Dec 27) many in this country must have held their heads collectively in disbelief after news broke out that a Muslim carpenter, aged 42, convicted of repeated khalwat (close proximity) offences, was "publicly caned" six times in front of some 90 people at a mosque in Kuala Terengganu!
Following that, Terengganu menteri besar Ahmad Samsuri Mokhtar was quick to post in his Facebook page “clarifying” that it was conducted in full adherence to Islamic principles of justice; he further reassured that the punishment would serve as a form of education, deterrence, and guidance to encourage society to align their lives with Islamic values.
The well-liked Samsuri also stressed that the state government was committed to upholding its responsibility to ensure that all of its actions conform with Allah’s commands and the country’s laws.
However, renowned Perlis mufti Asri Zainul Abidin seemed to have a different take on the matter; he had reportedly said that caning someone for khalwat in public was not the law of Allah and His Messenger, but rather a choice of the ruler.
As such, he added that no one should mistakenly assume that those who disagree with this punishment oppose Islam; in any case, according to him, Islam prefers to keep personal sins between the individual and Allah.
Incidentally, back in September 2018 (also in Terengganu) two women were caned six times in public at the state Syariah Court; however, it was after they were found guilty for attempting to have lesbian sex - it was not for a “close proximity” offence.
Caning someone publicly for “khalwat” is not a religious law!
Asri went on to explain that it is not unIslamic for Muslims to oppose public caning for those convicted of being in close proximity; in fact, according to him, opposing this punishment meant that they were merely opposing the ruler’s decision, and not the teachings of Islam!
Interestingly, Asri had also asserted that there is no specific rule in Shariah law requiring those found to be in close proximity to be publicly caned.
PAS leader: Public caning is not cruel or humiliating!
Meanwhile, a jubilant PAS spiritual leader Hashim Jasin had expressed hope that all states, especially those governed by PAS, will now prepare to follow the east coast state’s example and publicly whip syariah offenders; he then congratulated the state government and urged other states to also implement what he described as “God’s commandments.”
Meanwhile, the controversy has once again called into question Malaysia's somewhat perplexing parallel justice system – comprising the civil court and the syariah court – which has often been a source of confusion and conflict.
In fact, even the Malaysian Bar had urged the federal and Terengganu state governments to review the law on public caning as it could be deemed a violation of Article 5 of the Federal Constitution which guarantees personal liberty; and moreover, while Act 355 (of the federal law) allows for whipping, it may not have expressly permitted it to be carried out “publicly!”
True, while it may be seen as a deterrent, won't public caning also undermine the very dignity of an adult human being?
In conclusion, given the enthusiasm and the unanimous support shown by top PAS leadership for public caning as was evidenced by the landmark Terengganu case, perhaps, the question that may be in the minds of many is: with a clear “precedent” set, in future will politicians, celebrities and other high profile people caught for similar offences also be subject to public caning? The ball is in the Islamist party's court now as the country awaits the next public spectacle!
Main information source: FMT, Malay Mail, Malaysiakini and Straits Times.
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