KUALA TERENGGANU: A carpenter has become the first individual in Terengganu to receive six strokes of public caning at a mosque, following a decision by the Terengganu Syariah High Court for repeated offences of khalwat (close proximity).
The sentence was handed down by senior judge Kamalruazmi Ismail after the accused, Mohd Affendi Awang, 42, pleaded guilty to charges under Section 31(a) of the Terengganu Syariah Criminal Offences (Takzir) Enactment (Amendment) 2022 for committing khalwat.
Kamalruazmi sentenced the accused to six strokes of the cane and a fine of RM4,000, or six months' imprisonment if the fine is not paid.
The judge also ordered that the caning be carried out at the Al-Muktafi Billah Shah Mosque in Kuala Terengganu on Dec 6, following Friday prayers, once the appeal period has elapsed.
In his judgment, Kamalruazmi emphasised that the primary aim of any sentence under Islamic law is to serve as a deterrent and a lesson, both to the offender and the public.
"A true believer does not fall into the same hole twice. You (Mohd Affendi) were previously caned and imprisoned, yet you committed the same offence again.
"The first punishment (caning for khalwat) should have been enough to instil remorse," he said.
The caning was imposed as it was the accused's third offence.
Previously, the accused was fined RM2,700 or sentenced to three months in prison after pleading guilty to khalwat on 11 July 2023 at the Kemaman Syariah Lower Court.
The father of five committed the same offence again on Jan 25 this year. On Feb 19, the Terengganu Syariah High Court sentenced him to four strokes of the cane and a fine of RM3,000, or six months in prison if the fine was not paid.
Notably, the accused was the first individual in Terengganu to receive four strokes of the cane at the Syariah High Court for repeated khalwat offences.
Under the Terengganu Syariah Criminal Offences (Takzir) Enactment (Amendment) 2022, repeated khalwat offences can result in a penalty of up to six strokes of the cane, a fine of up to RM5,000, or three years' imprisonment, effective from Jan 1 this year.
According to the charge, the accused was caught in close proximity with a 52-year-old woman at a house in Kemaman at 1.40am on June 16.
The prosecution was led by the deputy chief syariah prosecutor, while the accused was unrepresented.