KUALA LUMPUR: Criminalising personal behaviour violates human rights and the fundamental liberties guaranteed under the Federal Constitution, says the group of prominent retired civil servants G25.
"We in G25 respectfully appeal to the Federal Government and the Conference of Rulers to take the progressive stand that it is wrong for state governments, via their respective state Syariah Enactments, to criminalise the moral sins of Muslims and to mete out cruel forms of punishment against them," the group said in a statement on Sunday (Dec 22).
This is in response to the Terengganu Syariah Appeal Court's decision to uphold the Syariah High Court’s sentence of public whipping for Affendi Awang's khalwat (close proximity) offence.
In a statement, G25 said the rationale behind the sentence is reportedly to deter both the offender and others, as Affendi is a repeat offender.
The group also urged the relevant authorities to halt the whipping, scheduled for Dec 27 this year.
Given the Prime Minister's emphasis on reforms, G25 said he should intervene by speaking out against public whipping to prevent it before it is too late.
The group stated that public whipping by the Syariah Court violates both the Federal Constitution and the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), which does not provide for public whipping.
"Offenders of khalwat are not criminals because their transgressions in personal behaviour do not pose a threat to life and property nor to the peace and security of the country.
State religious departments should maintain the more humane approach of their dakwah (missionary) activities by counselling offenders, guiding, and supporting them to become better Muslims," it said
G25 then added that public humiliation should never be an option.
The group also reminded the public and state authorities that Islam forbids the shaming and humiliation of fellow Muslims, and nowhere in the Quran does it provide for the whipping of sinners in public for khalwat.
G25 further said that Islam should not be made into a cruel religion that teaches through humiliation, but should be seen as a religion embodying compassion and dignity.
The announcement that the whipping would be held in a mosque after Friday prayers, essentially stripping a person of dignity and privacy, is an injustice and affront to the values of compassion in Islam, the group said.
It added that holding such an act in a mosque undermines the sanctity of the space and risks demeaning the mosque itself, turning it from a place of peace and prayer into one of humiliation and punishment.
G25 then said that the practice tarnishes Malaysia's image as a progressive, moderate Muslim-majority nation and contradicts the values of Wassatiyah and Maqasid al-Syariah.
It then said that it opposes public whipping as it contradicts modern justice principles that uphold dignity and respect for all, even convicted criminals.
G25 then said that it supports the call of the Human Rights Commission of Malaysia (Suhakam) for the country to abolish corporal punishment and accede to the UN Convention against Torture.
"Continuing public whipping undermines Malaysia's claim as a moderate Muslim nation, and we call on the public not to attend the whipping, should it proceed, as such events to demonstrate opposition to this degrading punishment," the group added.
