Criminal lawyer defends public whipping of man convicted of khalwat

PETALING JAYA: A criminal lawyer has defended the Terengganu shariah court’s order for the public whipping of a man convicted of close proximity, saying the state’s shariah enactment does not specify where it could be carried out.

Shamsher Singh Thind, who holds a diploma in shariah legal practice, said Section 230(2) of the Syariah Criminal Procedure (Terengganu) Enactment 2001 stipulates that in the event where any matter is not expressly provided by this enactment, the court shall apply Islamic law.

In this case, Islamic law allows for the whipping to be carried out publicly, “which is why I believe that the judge did not violate any laws (in ordering for the public whipping)”, he said in a Facebook post.

Earlier today, the Terengganu government said it was committed to conducting a public caning of a man convicted by the shariah court for khalwat tomorrow, despite widespread criticism.

Information, propagation and shariah empowerment committee chairman Khalil Abdul Hadi said it demonstrates the state government’s commitment to strengthening shariah laws in Terengganu.

On Dec 11, the Terengganu shariah appeals court unanimously upheld the punishment meted out to Affendi Awang, 42, by the shariah high court.

Affendi, a father of five, was sentenced to six strokes of the rotan after pleading guilty to being in close proximity with a woman who was not his wife.

He had committed khalwat with a 52-year-old woman at a house in Kemaman on June 16, having been convicted of the same offence on two previous occasions.

Shamsher defended PAS and the PAS-led Terengganu against accusations that it was oppressing the people.

He said the whipping carried out for shariah offences differed from the ones carried out for civil offences, in that it was “softer” and would not injure the offender, while the cane used was thinner compared to the ones used for civil offences.

Shamsher reminded detractors that if “you spare the rod, you spoil the child”.

“Do not talk about human rights just to ‘spare’ criminals. As they say, ‘when everything else has failed, let the criminal law take its course’,” he said.