“Not justice”: Scheduled public caning a “barbaric act”, says Sisters in Islam

SISTERS in Islam has condemned the scheduled public caning of a father of five in Terengganu, describing the sentence as a “barbaric act” that reflects a troubling descent into punitive measures masquerading as morality in Malaysia.

This is after the Terengganu Syariah High Court had meted out the sentence of six strokes after Mohd Affendi Awang, 42, a carpenter, pleaded guilty to committing khalwat (close proximity) for the third time.

The court ordered on Wednesday (Nov 20) for the punishment to be carried out at the Al-Muktafi Billah Shah Mosque in Kuala Terengganu on Dec 6 after Friday prayers, once the appeal period has ended.

Mohd Affendi, a widower, was charged under Section 31(a) of the Syariah Criminal Offences (Takzir) (Terengganu) Enactment (Amendment) 2022.

“What has become of our nation? How did we descend to a point where cruelty is glorified under the guise of ‘morality’? Have we grown so desperate to enforce this notion that we abandon the very foundations of human decency and respect?

“This is a grave injustice that demands our unwavering condemnation,” said SIS.

SIS said adding to the gravity of this act is the planned location for the punishment – a mosque, which is a sacred space for worship and reflection.

“To use a house of ibadah (worship) for such a dehumanising act is a profound violation of its sanctity. This is not justice. It is a degrading spectacle that strips an individual of their dignity in full view of an audience. It is a violent, shameful act designed to humiliate, not educate,” it said.

“The claim that public caning serves as a form of ‘education’ is a hollow justification. It is nothing more than a tactic of humiliation for the individual and a morbid display for spectators.

“This stands in stark contradiction to Islam’s core principles of justice, compassion, mercy, and the preservation of human dignity.”

(Image: Bernama)

Violation of human rights and Islamic principles

According to Sisters in Islam, the Syariah court’s decision in Terengganu also blatantly violates Article 5 of the Universal Declaration of Human Rights, which unequivocally prohibits torture and cruel, inhuman, or degrading treatment.

“The irony is glaring – Malaysia, currently a member of the United Nations Human Rights Council (2022–2024), is failing to uphold the very principles it pledged to protect,” SIS noted.

“By allowing such actions, the federal government appears to have abandoned its fundamental duty to safeguard human rights and dignity.”

SIS further noted that punishments such as public caning do not promote justice or moral values but represent a dangerous shift towards extremism where punitive measures overshadow compassion and fairness.

It said normalising public violence in the name of Islam fosters a culture of fear and intolerance, eroding the social harmony that Islam and the maqasid al-shariah (higher objectives of Islamic law) seek to uphold.

“Public caning serves no meaningful purpose in justice or moral reform. It reduces the law to a grotesque spectacle and punishment to public entertainment. This is not the Islam we know, and it is not the Malaysia we aspire to build.” – Nov 22, 2024

 

Main image: New York Daily News

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