PETALING JAYA: The public caning of Mohd Affendi Awang in Terengganu for close proximity was done in accordance with syariah law and should not be viewed with prejudice, says the Malaysian Muslim Lawyers Association (PPMM).
“One must understand the real context of the syariah punishment of caning as part of a valid legal system; it cannot be seen through a narrow or prejudiced perspective,” said its deputy president Muhammad Hariz Md Yusof, reported Majoriti.
He also said the punishment will expose Malaysian society to syariah law.
ALSO READ: Public caning of close proximity repeat offender took two minutes
Muhammad Hariz said the punishment against 42-year-old Mohd Affendi was smoothly carried out and complied with the procedure of caning outside of prison for syariah offenders.
“After witnessing the caning, PPMM said it fully supports its implementation in line with the provisions of the Terengganu Syariah Criminal Procedure Enactment 2001, particularly Section 125,” he said.
Muhammad Hariz said the method is humane because the cane used was light and small, and it was carried out with moderate strength, without injuring the offender, and did not involve the face, head, stomach or chest.
“Although Malaysia is part of the international community, the interpretation of human rights needs to be balanced with local values and culture,” he said.
He said syariah law is applicable as Islam is the religion of the Federation under Article 3(1) of the Federal Constitution.
In a statement on Dec 19, the Human Rights Commission (Suhakam) said the public caning sentence exceeds the jurisdiction allowed by federal law, particularly the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355).
It said while the Act permits whipping, it does not sanction the punishment being carried out in public.
Punishments that inflict physical violence and cause public humiliation, added Suhakam, also have no place in a modern justice system.
