CANING meted out under shariah laws must be suspended as it is discriminatory against women, said women’s groups.

They said a recent spate of  punishments ordered by the shariah courts in Terengganu seem to be targeting women, and questioned why the men who were allegedly involved in the sexual offences were not similarly punished.

Sisters in Islam (SIS) said Putrajaya should impose a moratorium on caning in shariah courts as it  violated human rights.

It also pointed out the recent cases of caning meted out in Terengganu were all aimed at women.

“SIS is extremely worried that this reflects selective and discriminatory administration of ‘justice’, whereby women are systematically targeted and regarded as the source of ‘sin’,” it said in a statement.

SIS said the Terengganu punishments went against the Religious Affairs Minister Mujahid Yusuf Rawa’s preferred Islamic concept of “rahmatan lil alamis” which prescribed gentle treatment of wrongdoers while enforcing Islamic laws.

“Furthermore, there is no indication that the men who were involved in these cases were even charged in these khalwat cases.

“SIS reiterates our call for an immediate moratorium on all caning sentences as it is clear that caning in whatever form is a violation of human rights.”

On Thursday, a 45-year-old woman was sentenced to four strokes of the cane and held for six months at the Baitul Ehsan Women Protection Centre in Sabak Bernam, Selangor for committing acts preparatory to prostitution in Kuala Terengganu.

The woman who is twice-married and childless was reported to have been forced to offer sex and massage services to support herself after being separated from her husband a year ago.

Prior to that, a single mother was given six strokes of the cane and jailed six months by the Terengganu shariah court for attempting to commit prostitution.

The 30-year-old woman was reported to have offered sex for money to support herself and her seven-year-old daughter who was under the care of her sister in Klang, Selangor.

The men involved in those cases were spared.

Men unpunished

In reading about the cases, Women’s Aid Organisation communication officer Tan Heang Lee had made the same observation that the men appeared to have got off scot-free.

“There are no reports on the men involved. It is as though the authorities were aiming for the women in the arrests and conviction of such cases.

“The authorities should do away with caning, especially against women because it is a violent punishment, inhumane and breaches international human rights law,” Tan told The Malaysian Insight.

“The government should abolish caning as punishment in line with the international standards on human rights.

“The government just announced that the death penalty will be abolished and we hope the renewal of laws would also include the abolishment of caning.”

A students’ association said the Terengganu government should review its programmes and welfare for single mothers and divorced women as they need shelter.

“What is more disappointing is the Terengganu people’s lack of regard for justice, who allow and even applaud the shariah courts in the matter.

“If they truly believed this was morally correct, then they would demand the same for the men involved in the sex barters,” Challenger secretary-general Jean Vaneisha Ravindran told The Malaysian Insight.

She also felt the authorities should have shown more sympathy to the women who appeared to be struggling to make ends meet.

Instead of being stigmatised, single mothers should be respected for their ability to get on with their lives with the support of the men, she said.

“Shariah punishment should be reviewed and the abolishing caning would be a step forward.”

Punishment as prevention

Shariah lawyer Akberdin Abdul Kader said the caning was prescribed to deter wrongdoing.

However, he said power to prosecute lay with the state’s shariah chief prosecutor who had to take into account several factors, including the offender’s motives before taking action.

“Under the Terengganu Shariah Criminal Offences Enactment, both (men and women) should be punished if they are both Muslims.

“In the latest case, I am told the man is a Muslim and will be prosecuted soon,” he told The Malaysian Insight.

Akberdin said religious education should be given to the offenders and the welfare department should play a role in preventing such incidents from recurring.

“The welfare department should play a more proactive role in helping single mothers who face financial issues.”

He said it was difficult to support the calls for the abolition of caning as it was a penalty prescribed under Islamic law.

“This is under the ta’zir punishment category in Islamic crime laws. This means in Islamic law, caning does exist for cases involving couples who are not married (zina).

The Kuala Terengganu Syariah High Court’s sentencing of two women to six strokes of the cane last month for attempting to have sex in a car caused a public outcry.

It was the first case of public caning in the state and it was witnessed by more than 100 people including the media, the women’s family members and shariah lawyers.

In 2010, a nurse and former model Kartika Dewi Shukarno was also given six strokes of the cane and fined RM50,000 for consuming alcohol at a Pahang beach resort in December 2007.

However, the Pahang sultan intervened and she was subsequently ordered to community service for three weeks. – October 15, 2018.