THE caning of two women by the Terengganu Shariah Court yesterday for engaging in lesbian sexual relations is unIslamic, said Lawyers for Liberty executive director Latheefa Koya.

Latheefa said the group was “horrified” to learn that the Terengganu Shariah Court, with the assistance of prison officers, administered the caning of two women in front of 100 people yesterday.

“This abhorrent ‘punishment’ does not bode well for the way Islam in Malaysia is progressing,” she said in a statement today.

“The shariah court had the audacity to justify its actions, stating that the caning does not ‘hurt’ the women or that the privacy of the offenders were ‘protected’ as they had private doors to enter and exit the court premises.

“(It is an) utterly ridiculous statement when you take into account that the punishment was carried out in the presence of 100 people which included curious bystanders, not to mention the mental anguish that these women must have suffered through this ordeal.”

Latheefa said that lesbianism, or homosexuality, is not a crime under Hudud: “At most, it would be a crime under ta’zir.”

“Furthermore, it is important to note that during the lifetime of Prophet Muhammad s.a.w, there was no record of anyone being publicly caned or punished for homosexuality.

“Hence this degrading and humiliating punishment is in fact unIslamic, for even with ‘sinners’, Islam emphasises heavily on the concept of mercy and the protection of the privacy and dignity of individuals,” she said.

Latheefa said the “thirst for punishment” was portraying Islam in a negative manger and was a “disservice to the religion”.

She also question the legality of the punishment, saying that under the Prison Act and Prison Regulations, the punishment of caning can only be administered to prisoners, and the women at the time of punishment were not prisoners as defined by the law.

Minister in the Prime Minister’s Department (Islamic Affairs) Mujahid Yusof Rawa yesterday said the public nature of the caning must be reconsidered.

“It (the provision) must be looked at, if the public can be present. The two or three officials present can be considered public. To me, it is a matter of technicality and can be debated,” he said.

The two women, aged 32 and 22, were caned after the shariah court found them guilty of having sex in their car on April 8.

Their caning marks the first time women have received this form of sentencing under shariah law in Terengganu. – September 4, 2018.