KUALA TERENGGANU: The implementation of public caning for 'ta'zir' (discretionary punishment) against syariah offenders in Terengganu is intended to deter others from committing similar offences.
Terengganu Committee for Information, Propagation, and Syariah Empowerment chairman Dr Muhammad Khalil Abdul Hadi said the Syariah Court judge would determine the location for administering the punishment.
"Today, Terengganu Syariah High Court, Kamalruazmi Ismail senior judge passed a sentence on the accused, Mohd Affendi Awang, 42, who pleaded guilty to repeated 'khalwat' (close proximity) offences.
"The sentence was meted out after the individual admitted guilt under Section 31(a) of the Syariah Criminal Offences (Takzir) (Terengganu) Enactment (Amendment) 2022 for 'khalwat'.
"This punishment involves caning, but what makes it unusual this time is the judge's decision for it to be conducted publicly.
"This marks a new development in Terengganu as, previously, such sentences were executed in closed settings.
"However, we have now decided to carry them out publicly, as this falls within the jurisdiction of the Syariah Court judges," he said in commenting on the decision made by the Terengganu Syariah High Court today.
The case involved a carpenter who became the first individual in Terengganu to receive six public lashes at a mosque for repeated 'khalwat' offences.
The accused had previously been the first person in the state to receive four lashes in a closed setting within a prison and a fine of RM3,000 under the same enactment on Feb 19.
He was previously fined RM2,700 or sentenced to three months' imprisonment after pleading guilty to 'khalwat' charges at the Kemaman district Syariah Lower Court on July 11, 2023.
Under the Syariah Criminal Offences (Ta'zir) (Terengganu) Enactment (Amendment) 2022, repeat 'khalwat' offences may be punishable by up to six strokes of the cane, a fine of up to RM5,000, or a three-year imprisonment.
These provisions came into effect on Jan 1.
Khalil said the execution of public caning requires the cooperation of relevant agencies if conducted in open areas.
"The cooperation of the local councils is necessary if the punishment is conducted in a public setting, such as a market or public park.
"If it is to occur within a mosque compound, cooperation from the Terengganu Islamic Affairs Department and the Terengganu Islamic and Malay Customs Council will be needed.
"Let us wait for the judge's decision.
"The sentence is scheduled for Dec 6 at Masjid Al-Muktafi Billah Shah, Ladang, after Friday prayers.
"If no appeal is filed, the punishment will be executed, and we will see how things proceed," he said.