First caning for khalwat

Guilty: Mohd Affendi (right) being led out of the courtroom after being sentenced by the Syariah High Court in Terengganu. — Bernama

KUALA TERENGGANU: A construction worker became the first khalwat (close proximity) offender in Terengganu to be sentenced to caning by the Syariah High Court here.

Syariah Judge Hamidi Shafie meted out the sentence on Mohd Affendi Awang, 42, who pleaded guilty to the charge under Section 31 (a) of the Syariah Criminal Offences Enactment (Takzir) (Terengganu) Amendment 2022, which came into force on Jan 1.

Judge Hamidi ordered Mohd Affendi to be caned four times and fined RM3,000, in default six months in jail, for the offence, with the whipping sentence to be carried out within 14 days from yesterday if there is no appeal.

Mohd Affendi pleaded guilty to being with a woman in her 30s who was not his wife or “mahram” between 1.10am and 2.15am on Jan 25 on the third floor of a building undergoing renovation in the Kemaman district.

The whipping sentence was imposed on Mohd Affendi as it was his second offence. He was fined in July last year for a similar offence.

Based on the Syariah Criminal Offences Enactment (Takzir) (Terengganu) Amendment 2022, a person convicted of khalwat for the second and subsequent times can be punished with up to six lashes, a fine of up to RM5,000, or three years in prison.

In his judgment, Hamidi said the punishment was also intended to serve as a lesson for Mohd Affendi and society.

“That’s why the whipping sentence meted out in the Syariah Court and civil courts is different.

“On the surface, it looks like punishment in a civil court, while in the Syariah Court, the caning is lighter to serve as a lesson.

“It is hoped that it can also be a lesson to Mohd Affendi not to repeat it since this is his second offence,” he said.

Muhamad Khasmizan Abdullah was the prosecutor, while Mohd Affendi was unrepresented. — Bernama