PUTRAJAYA: Caning for syariah offenders in Terengganu is primarily intended as a corrective and educational measure, not a severe punishment, says syariah chief judge Datuk Mohd Amran Mat Zain (pic).
Mohd Amran, who is also Malaysian Syariah Judiciary Department (JKSM) director-general, said that the aim is to deter wrongdoing, raise consciousness about the significance of upholding religious values, and the punishment is executed ethically, centring on humanitarian principles.
"For example, medical officers evaluate the offender’s health status before and after the punishment, while the instrument employed is specifically designed to minimise physical harm," he said in a statement Saturday (Dec 28).
His statement was issued to clarify and provide context regarding the enforcement of public caning in Terengganu, which has triggered debate.
Mohd Amran added that the punishment conducted outside prison complies with the provisions of the Syariah Criminal Offences Act and the relevant state enactments.
The execution adheres to the standard operating procedures (SOP) developed in association with agencies such as JKSM, the Prisons Department, the Health Ministry, and state religious authorities.
"The SOP ensures that every phase of the punishment aligns with the objectives of maqasid syariah, including the preservation of religion, life, and human dignity,” he said.
Regarding the presence of an audience, he said the SOP for public caning strictly restricts attendance to those authorised by the court.
"The SOP does not permit general public attendance, let alone large gatherings. Instead, it stresses privacy, orderly execution, and strict adherence to legal and ethical standards.
"This approach is crucial to prevent misunderstandings or sensationalisation of the punishment,” he said.
Mohd Amran highlighted Malaysia's unique dual legal systems, civil law, and syariah law, which governs Muslim matters, alongside the customary laws in Sabah and Sarawak.
"In this context, the public must comprehend that such punishments are part of efforts to uphold justice and promote societal well-being based on religious principles," he said.
Addressing concerns about Islamophobia, Mohd Amran assured that such fears are baseless as attendance is strictly regulated by Syariah court orders, and the location is limited to mosques.
"This ensures that only Muslims are present to witness the punishment, reinforcing its role as a deterrent against similar offences within the Muslim community.
"I also believe that public caning under Syariah law provides an opportunity to educate the public on the clear distinctions between Syariah caning and civil caning,” Mohd Amran said.
On Friday (Dec 27), a public caning was conducted at Dewan ‘Aasim, Masjid Al-Muktafi Billah Shah, Terengganu, following Friday prayers.
The punishment was administered to a 42-year-old labourer who pleaded guilty to committing khalwat (close proximity) for the third time.
This marked the first instance of public caning in Terengganu. – Bernama
