In Malaysia’s Terengganu state, a carpenter has become the first person to undergo public caning at an Islamic Mosque for repeated ‘khalwat’ (close proximity) offenses, as ruled by the Terengganu Syariah High Court. The accused person has been identified as Mohammad Affendi Awang, 42.
As per the local reports, Awang was sentenced to six strokes of the cane and fined RM 4,000, with a six-month imprisonment as an alternative if the fine is not paid. He pleaded guilty as the authorities claimed that he breached Section 31(a) of the Terengganu Syariah Criminal Offenses (Takzir) Enactment (Amendment) 2022.
The Terengganu Syariah High Court has ordered the punishment to be executed at Al-Muktafi Billah Shah Mosque in Kuala Terengganu on December 6th, after Friday prayers. During the court hearing, the judge emphasized that the primary purpose of the punishment under Islamic law was to ‘deter and educate’ the offender.
“A true believer does not fall into the same hole twice. You (Mohd Affendi) were previously caned and imprisoned, yet you committed the same offense again. The first punishment (caning for khalwat) should have been enough to instill remorse,” the court noted.
This is notably the third time that the Awang has been punished for close proximity offense at the Mosque. Previously, he was fined RM 2,700 and sentenced to three months in prison after pleading guilty to ‘khalwat’ on July 11th last year at the Kemaman Syariah Lower Court.
A father of five, he was later again sentenced by the Terengganu Syariah High Court to four strokes of the cane and an RM 3,000 fine for repeated khalwat offenses, making it the first case in Terengganu where such a punishment was imposed and executed.
Local reports suggest that under the Terengganu Syariah Criminal Offenses (Takzir) Enactment (Amendment) 2022, penalties for repeated khalwat offenses, effective from January 1st, 2022, include up to six beatings of the cane, an RM 5,000 fine, or three years of imprisonment.
To note, khalwat is an offense that occurs when a man and woman are found alone together in close proximity. Malaysia has a dual-track legal system, with Islamic criminal and family laws governing Muslims operating alongside secular laws.
Terengganu is controlled by the Parti Islam Se-Malaysia (PAS), which has pushed for a harsher interpretation of Islamic law. In 2018, the state caned two women in front of dozens of people after they were found guilty of trying lesbian intercourse, sparking an outcry from human rights organizations.
In the given case, the caning punishment will be executed at Al-Muktafi Billah Shah Mosque in Kuala Terengganu on December 6th, after Friday prayers.
