Corrective and Educational Measure: Caning for Syariah Offenders in Terengganu
The Malaysian Syariah Judiciary Department (JKSM) director-general and Syariah chief judge, Datuk Mohd Amran Mat Zain, has clarified that caning for Syariah offenders in Terengganu is intended as a corrective and educational measure, rather than a harsh punishment.
Objective of Caning
The objective of caning is to prevent wrongdoing, raise awareness about the importance of upholding religious values, and to carry out the punishment ethically with a focus on humanitarian principles. Medical officers assess the offender’s health condition before and after the punishment, and the instrument used is specially designed to minimize physical injury.
Standard Operating Procedures
The implementation of caning in Terengganu follows standard operating procedures (SOP) developed in collaboration with agencies such as JKSM, the Prisons Department, the Ministry of Health, and state religious authorities. The SOP ensures that every step of the punishment aligns with the objectives of maqasid syariah, including the preservation of religion, life, and human dignity.
Public Caning
On the presence of an audience, the SOP for public caning strictly limits attendance to those authorized by the court. The SOP does not allow general public attendance, let alone large crowds. Instead, it emphasizes privacy, orderly execution, and strict adherence to legal and ethical standards. This approach is essential to prevent misunderstandings or the sensationalization of the punishment.
Unique Dual Legal Systems
Malaysia has a unique dual legal system, with civil law and Syariah law governing Muslim matters, alongside customary laws in Sabah and Sarawak. In this context, the public must understand that such punishments are part of efforts to uphold justice and promote societal well-being based on religious principles.
Addressing Concerns
Addressing concerns about Islamophobia, Mohd Amran assured that such fears are unfounded as attendance is strictly regulated by Syariah court orders, and the location is confined to mosques. This ensures that only Muslims are present to witness the punishment, reinforcing its role as a deterrent against similar offences within the Muslim community.
Opportunity for Education
Mohd Amran believes that public caning under Syariah law provides an opportunity to educate the public on the clear distinctions between Syariah caning and civil caning.
First Instance of Public Caning
Yesterday, a public caning was conducted at Dewan ‘Aasim, Masjid Al-Muktafi Billah Shah, Terengganu, after Friday prayers. The punishment was administered to a 42-year-old labourer who pleaded guilty to committing khalwat (close proximity) for the third time. This marked the first instance of public caning in Terengganu.
Conclusion
In conclusion, the caning for Syariah offenders in Terengganu is a corrective and educational measure aimed at preventing wrongdoing, raising awareness about the importance of upholding religious values, and carrying out the punishment ethically with a focus on humanitarian principles. The implementation follows standard operating procedures and is carried out in accordance with the provisions of the Syariah Criminal Offences Act and the relevant state enactments.
FAQs
Q: What is the objective of caning for Syariah offenders in Terengganu?
A: The objective is to prevent wrongdoing, raise awareness about the importance of upholding religious values, and carry out the punishment ethically with a focus on humanitarian principles.
Q: How does the implementation of caning in Terengganu ensure the well-being of the offender?
A: Medical officers assess the offender’s health condition before and after the punishment, and the instrument used is specially designed to minimize physical injury.
Q: Is the public allowed to attend the caning?
A: No, the SOP for public caning strictly limits attendance to those authorized by the court.