KUALA LUMPUR: The Malaysian Muslim Lawyers' Association (PPMM) has denied allegations and negative perceptions claiming that the implementation of syariah caning in Terengganu violates humanitarian principles and the provisions of the Federal Constitution.
The association said this conclusion follows its observation of the public caning administered to a repeat khalwat offender in Terengganu earlier today.
It described such claims as baseless and inconsistent with existing legal provisions and the facts surrounding the implementation of the punishment.
While expressing full support for the caning, PPMM also urged all parties not to mislead the public or politicise the issue, emphasising the importance of understanding the context of syariah caning.
"The syariah legal system is an integral part of the country's lawful legal framework and should not be viewed through a narrow or prejudiced lens. PPMM also calls on Syariah Courts in other states to emulate the caning implementation in Terengganu, as this will help raise public awareness, mainstream syariah, and uphold Islamic law," the association said.
PPMM dismissed claims that the punishment contradicts the Syariah Courts (Criminal Jurisdiction) Act 1965, labelling such statements as misguided.
The association said that the act governs the limits of punishment for syariah criminal offences, which cannot exceed three years' imprisonment, RM5,000 in fines, or six strokes of caning. It added that the location of the punishment must adhere to standard operating procedures (SOP) and the relevant State Enactments.
"The caning in Terengganu complies with the Syariah Criminal Procedure Enactment (Terengganu) 2001, particularly Section 125, which outlines a humane method of implementation. This is because the caning tool is light, made from small-sized rattan, the force applied is moderate and does not cause injury, and the permissible areas for caning are limited, excluding sensitive parts such as the face, head, abdomen, and chest. It also adheres to the SOP for Caning Outside Prison for Syariah Offenders, jointly enacted in 2023 by the Minister in the Prime Minister's Department (Religious Affairs), the Malaysian Syariah Judiciary Department, the Health Ministry, and the Prisons Department.
"Furthermore, the decisions of the Terengganu Syariah High Court Judge on Nov 20 and the Syariah Court of Appeal Panel on Dec 16 were made after considering all aspects, including the offender's repeated violations, to ensure the punishment is executed fairly, prudently, and in line with Islamic principles and human rights enshrined in the Constitution," it said.
The association also refuted claims that syariah caning is cruel or violates human rights principles, asserting that the 2001 enactment clearly demonstrates that the punishment is carried out with utmost decorum and propriety.
"The public caning in Terengganu aims to educate society collectively on the importance of adhering to Islamic laws. It also sends a clear message about efforts to curb behaviours that conflict with the moral and ethical values of the Islamic community. This punishment is executed without involving elements of humiliation towards the offender and is conducted with decorum and under the supervision of the authorities," it added.