THERE have been no discussions between the Terengganu state government and the Federal government regarding the proposal to implement public caning for Syariah offences in the state.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the proposal would not be easy to implement, Bernama reported.
According to Azalina, managing Syariah criminal cases involves assistance from federal agencies such as the police for arrests and the Prisons Department for imprisonment.
“Does the state have its own police force? Its own prisons? Who will carry out the caning? … To impose punishments, there are laws involving federal government agencies. So, we need to look at this comprehensively, or this could lead to various disputes,” she was quoted as saying after visiting the Kuala Kubu Baharu Court building on Tuesday (April 30).
“If we intend to implement this, we require comprehensive amendments to existing laws. As an independent nation, we have laws and a constitution that delineate the jurisdiction of state and federal governments.”
Azalina was responding to a statement by State Information, Dakwah and Syariah Empowerment Committee chairperson Muhammad Khalil Abdul Hadi who said that the state government was considering public caning for syariah offences to strengthen the implementation of Islamic Syariah law in Terengganu.
Meanwhile, Minister in the Prime Minister’s Department (Religious Affairs) Datuk Mohd Na’im Mokhtar said the implementation of public caning for Syariah offenders falls under the jurisdiction of the states.
However, he pointed out that before such punishment is executed, a comprehensive study involving multiple agencies should be carried out.
The study should take into account all relevant aspects, including the definition of “public” and the philosophy of punishment aimed at balancing educational objectives with preserving the dignity of the offender undergoing punishment.
“I want to emphasise that, as we are well aware, matters related to Islamic law fall under the jurisdiction of the states, including legislative and judicial affairs, which are the absolute prerogatives of the Rulers and the states as stipulated in the Federal Constitution,” he said.
“In the context of the Syariah Criminal Offences Act or Enactment in Terengganu, the penalties for such offences typically include up to three years’ imprisonment, a fine of RM5,000 and a maximum of six strokes of caning administered by state courts.”
Elaborating, Na’im said in accordance with Section 125 (1c) of the Syariah Criminal Procedure Enactment, it is at the discretion of the Syariah Court judge to determine the offence and the location for carrying out the caning punishment, whether in prison, within the Syariah court premises, or in public.
He said at the federal level, the Syariah Judiciary Department has issued standard operating procedures on the methods of caning, as the implementation methods may vary across states. – May 1, 2024
Main pic credit: Bernama
