Perlis mufti: Public caning for khalwat not stipulated in Islamic law

Summary

• Perlis mufti says caning for khalwat is a ruling made by authorities and not prescribed by Islam, and thus can be questioned.

• He cites an example of how even for adultery, the burden of proof is exceedingly high so as to avoid punishment being meted out.

Islamic law does not make specific stipulations that khalwat (close proximity) must be punished with public caning, said Perlis mufti Mohd Asri Zainul Abidin.

Such punishment may even clash with Islamic law's determination to cover an individual's shame, he pointed out.

"So, caning in public over khalwat is not a decree by God or his prophet, but it is a choice by those in power," he said, adding that in such takzir (discretionary) matters, a ruler may be right or wrong.

"Therefore, objecting to such punishment is only objecting to a choice by those in power, and not objecting to Islamic teachings.

"Let there not be any who transgress by assuming those who don't agree with such punishment as not agreeing with Islam," he posted on Facebook today.

Yesterday, a repeat syariah offender became the first person to undergo his caning sentence in public at the Al-Muktafi Billah Shah Mosque hall in Kuala Terengganu.

Mohd Affendi Awang, a 42-year-old widower, was sentenced to six strokes of the cane after his third khalwat conviction for being in seclusion with another person of the opposite gender.

The event, witnessed by around 90 people, raised objections from many civil rights advocates including Suhakam.

‘Islam is anti-gossip’

Asri said the Quran and sunnah (prophet's actions) do prescribe caning - without causing harm - as a punishment for adultery (zina).

However, he said it is almost impossible to meet the criteria needed to mete out such a punishment, including having four witnesses who saw the adulterous couple having intercourse.

He said adulterers must instead beg to be punished while the syariah courts should actively try to avoid meting out punishment.

"Islam is anti-gossip and is against making private sins between an individual and God a community matter.

"Those in power are required by Islam to cover such personal sins from being turned into entertainment for the people," Asri added.

There is a hadith (sayings of the prophet) in which the Prophet Muhammad repeatedly refused to hear the confession of a man who had committed adultery, and only meted out punishment after the man confessed to his sin a fourth time.

PAS cleric urges other states to implement public caning

T'ganu carries out first public caning against repeat khalwat offender

Public caning: Suhakam questioning state's jurisdiction - PAS

COMMENT | Does public caning exceed Act 355 jurisdiction?

Caning for khalwat a lesson not to commit, repeat offence: T'ganu exco