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States not obliged to follow Terengganu's public caning policy, says ex-mufti

KUALA LUMPUR: The decision to adopt public caning for 'khalwat' (close proximity) offences, as implemented in Terengganu, rests with the authorities in other states, said former Penang mufti Datuk Seri Wan Salim Wan Mohd Noor.

He said it was not necessary for other states to follow Terengganu's move, as khalwat offences fall under the category of 'takzir', which are discretionary punishments determined by authorities.

This differed from 'hudud' offences, he said, which are explicitly prescribed in the Quran.

"For the Terengganu government, this may be the best way to deter 'khalwat' offences. However, other states are not obligated to adopt the same approach.

"What matters most is that acts violating Islamic principles are addressed and minimised within society," he told the 'New Straits Times'.

Wan Salim added that the government or courts could enforce such punishments as long as they did not inflict physical harm on the offender.

"This objective can be achieved through various means. It is up to each state to decide whether to follow Terengganu's example or implement their methods," he added.

"Any effort aimed at educating society to avoid prohibited acts under Islamic law should be supported and encouraged by all parties."

Yesterday, Mohd Affendi Awang, 42, became the first person in Terengganu to receive six lashes in public for repeated 'khalwat' offences.

The Kuala Terengganu Syariah High Court handed down the sentence on Nov 20 after he pleaded guilty to multiple 'khalwat' offences under Section 31(a) of the Syariah Criminal Offenses (Takzir) (Terengganu) Enactment Amendment 2022.

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