The Human Rights Commission of Malaysia (Suhakam) Condemns Public Whipping as an Affront to Human Dignity

Terengganu Shariah Court Oversteps Jurisdiction

The Human Rights Commission of Malaysia (Suhakam) has accused the Terengganu shariah court of overstepping its jurisdiction by ordering the public whipping of a man convicted of khalwat. In a statement, Suhakam said that while the Syariah Courts (Criminal Jurisdiction) Act 1965, or Act 355, permitted whipping, it did not sanction the punishment being carried out in public.

Suhakam emphasized that directing whipping before the public renders the punishment in excess of or ultra vires Act 355, as well as being in violation of the jurisdictional limitation.

Punishment in Excess of Act 355

The punishment being carried out in public is not only a violation of the law but also an affront to human dignity. Suhakam stated that punishments that inflict physical violence and cause public humiliation have no place in a modern justice system. They undermine Malaysia’s commitments to human rights, tarnish its legal integrity, and erode the dignity of individuals, a value upheld by all religions, including Islam.

Condemnation by Suhakam

Suhakam condemned the Terengganu shariah court’s decision and called upon the relevant authorities to reconsider the implementation of public caning. The commission urged the authorities to respect and uphold the Federal Constitution, federal laws, and human rights instead.

Background of the Case

In November, a widower was set to become the first person to be publicly whipped in Terengganu for khalwat after he pleaded guilty to a repeated offence of being in close proximity with a woman who is not his wife. Affendi Awang, 42, was ordered to be given six strokes of the rotan by Terengganu shariah high court judge Kamalruazmi Ismail. Initially fixed for December 6, the public whipping has been postponed to December 27.

Previous Criticism

The shariah court’s decision had previously drawn criticism from rights groups, including Sisters in Islam, who said it violated the sanctity of a mosque and called the public whipping a degrading spectacle.

Conclusion

The public whipping of Affendi Awang is a clear violation of human rights and a degrading spectacle. Suhakam’s condemnation of the Terengganu shariah court’s decision is a welcome move towards upholding the values of human dignity and respect for the law. The relevant authorities must take heed of Suhakam’s call to reconsider the implementation of public caning and instead respect and uphold the Federal Constitution, federal laws, and human rights.

Frequently Asked Questions

Q: What is khalwat?
A: Khalwat refers to the crime of being in close proximity with a woman who is not one’s wife.

Q: Who is Affendi Awang?
A: Affendi Awang is the widower who was ordered to be publicly whipped in Terengganu for khalwat.

Q: What is the purpose of public whipping?
A: Public whipping is intended to serve as a form of punishment and deterrence, but Suhakam argues that it is an affront to human dignity and a violation of human rights.