Public Caning for Shariah Offences: A Relic of Colonial Rule?
Terengganu’s Lead Sparks Debate
A 42-year-old man was caned six times in front of 90 witnesses at the Al-Muktafi Billah Shah Mosque in Kuala Terengganu last Friday for being convicted of khalwat for the third time. The incident has sparked a debate over the implementation of public caning for certain shariah offences in other states.
Sarawakian Activists Reject PAS Leader’s Call
Two Sarawakian activists, Francis Paul Siah of the Movement for Change for Sarawak and Peter John Jaban of Saya Anak Sarawak, have rejected a top PAS leader’s call for all states to emulate Terengganu and implement public caning for certain shariah offences.
Outdated and Barbaric Practice
Public caning was described by Peter as a relic of 19th century colonial rule and a barbaric practice. “It puts Malaysia out of step with the international community and human rights advocates. It has no place in modern Malaysian society, particularly for a multi-religious country,” he said.
Confidence in Islamic Authorities
Siah expressed confidence that Islamic authorities in Sarawak knew what was best for the state. “Keep your shariah rulings in your own states. Please don’t bother us in Sarawak because I’m sure our Islamic authorities are knowledgeable enough to decide for Sarawak and Sarawakians on such matters,” he told FMT.
Outdated Medieval Practice
Siah also described public caning as an outdated medieval practice, as modern developments had shown that rehabilitation was better than retribution. He said even Islamic scholars differed when it came to public caning, citing Perlis mufti Asri Zainul Abidin’s view that there was no specific rule in shariah law requiring those found to be in close proximity to be publicly caned.
Not a Universal Practice
Peter said not all Islamic countries, including many countries in the Arab world, practised public caning for shariah offences.
Kelantan Considering Public Caning
On Friday, the Kelantan government said it was considering the possibility of carrying out public caning for shariah criminal offences, and PAS spiritual leader Hashim Jasin had urged all states to follow Terengganu’s lead in publicly caning a man convicted of khalwat.
Conclusion
The debate over public caning for shariah offences highlights the complexities of implementing religious laws in a multi-religious society. While some argue that it is a necessary measure to maintain social order, others see it as an outdated and barbaric practice that has no place in modern Malaysian society.
FAQs
* What is khalwat?
Khalwat refers to the act of being in close proximity to someone of the opposite sex without a valid reason.
* Is public caning a universal practice in Islamic countries?
No, not all Islamic countries practised public caning for shariah offences. Many countries in the Arab world do not have this practice.
* Does the Quran or Hadith explicitly mention public caning?
No, there is no specific mention of public caning in the Quran or Hadith. The practice is based on interpretations of Islamic scholars and varies across different countries and jurisdictions.