HULU TERENGGANU: A father of five is set to become the first man to be publicly caned at a mosque in Terengganu on Dec 6 for repeated offences of khalwat (close proximity).
Terengganu Syariah High Court senior judge Kamalruazmi Ismail meted out the sentence of six strokes after Mohd Affendi Awang, 42, a carpenter, pleaded guilty to committing khalwat for the third time, reports Sinar Harian.
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.
Affendi, a widower, was charged under Section 31(a) of the Syariah Criminal Offences (Takzir) (Terengganu) Enactment (Amendment) 2022.
He was also fined RM4,000 in default six months' jail.
According to the charges, Mohd Affendi was found committing khalwat with a 52-year-old woman at a house in Kemaman at 1.40am on June 16.
The caning penalty was imposed on the accused as this was his third offence.
In his judgment, Kamalruazmi said in imposing any sentence, the primary objective in Syariah law and from a religious perspective is to provide a lesson, education and deterrence to ensure the offence is not repeated, particularly by the accused, and to serve as a general warning to the public.
"A believer does not fall into the same hole twice. You (Affendi) have been caned and imprisoned before, yet you committed the same offence again.
"The first punishment (caning for khalwat) should have been enough to instil repentance," he said.
Previously, Affendi was fined RM2,700 in default three months in prison after pleading guilty to khalwat charges on July 11 last year at the Kemaman Syariah Lower Court.
He was charged again with the same offence on Jan 25 and on Feb 19, the Terengganu Syariah High Court sentenced him to four strokes of the cane and a RM3,000 fine in default six months' jail.
Affendi is the first khalwat offender in Terengganu to be sentenced to caning for a repeat offence.
According to the Terengganu Syariah amendment which came into effect on Jan 1, repeat offenders face punishment of up to six strokes, a fine of up to RM5,000, or imprisonment for up to three years.
The case was prosecuted by deputy chief Syariah prosecutor Nik Mohd Shahril Irwan Mat Yusof, while the accused was unrepresented.
