Kelantan caning law takes us a step back


SISTERS in Islam (SIS) is appalled by the Kelantan government’s decision to approve amendments to the Kelantan Syariah Criminal Procedure Enactment 2002, which, among others, will allow shariah offenders to be caned publicly.

SIS remains firm in its position against caning, as it is a form of torture under the Universal Declaration of Human Rights (UDHR). The Kelantan government’s decision to enforce public caning in the state is deplorable and causes humiliation to victims.

It will result in Malaysia being branded as a country that allows uncivilised forms of punishment, aimed at the degradation of human dignity and stigmatization, rather than rehabilitation. How far are we from allowing other forms of uncivilised punishment, such as stoning, in the country?

How far will we allow this to continue before we say this is not Islam, and not what we want for our brothers and sisters in Kelantan? We demand that the Kelantan government show us where in the holy Quran does it command punishment like public caning. Do not deceive the Muslim population by using Islam to justify these deplorable actions.

The puritanical brand of Islam that we see in Malaysia today has failed to provide a solution to the decay of moral and ethical values. Kelantan sees a high rate of pornography, rape and incest. Repression, shaming and punishment do not lead to the cultivation of Islamic values.

Taking such an approach in “managing” immoral behaviour in Kelantan only creates an increasingly repressive environment. Unfortunately, as we have seen in Aceh, women and the poor bear the brunt as a result. In Aceh, the imposition of shariah laws and punishment have extended to non-Muslims, too.

These repressive laws and punishment, including public caning, are justified by enforcers in the name of Islam. SIS emphasises that Islam is a religion of compassion. It is stated in the Quran (16:125): “Invite all to the way of the Lord with wisdom and beautiful preaching, and reason with them in the ways that are best and most gracious.”

Any law passed in the name of Islam must take into account the most fundamental teachings of the Quran, based on justice and mercy, and the right to preserve human dignity. Even in the Quranic verses regarding punishment (5: 38-39 and 5:33-34), Allah stresses the qualities of mercy and forgiveness.

As Malaysians, SIS demands that the Kelantan government repeal the amendments to the Kelantan Syariah Criminal Procedure Enactment 2002 and observe Article 5 of UDHR, that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.

The federal government must act, as otherwise, it would be neglecting this issue, which threatens the nation’s values and aspirations. The public cannot remain apathetic. The corruption and use of Islam to deal with social issues is seeping into every aspect of our lives, and will destroy the unity on which our forefathers built this great country.

* Sisters in Islam is a civil society organisation committed to promoting the rights of women within the frameworks of Islam and universal human rights.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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Comments


  • An inferior court, the syariah court, cannot mete out punishments more severe than that handed down by a superior court.

    Also, no people can be judged by two separate systems for the same offence.

    The Federal Constitution is about equality under the law.

    The syariah courts are not based on Islam, Quran, Allah, Mohd, Sira, hadiths, syariah, and fatwa whatever but an amendment in the Federal Constitution.

    According to jurisprudence, God is not a source in law. Law must have source to have authority, jurisdiction and power.

    The Supreme Court of India, for example, ruled that syariah is not law.

    What is law?

    Law exists and has always existed, beyond statute and case law, and is based on common sense, universal values and the principles of natural justice.

    Posted 8 years ago by Joe Fernandez · Reply