KUALA LUMPUR: Syariah laws in Malaysia are applicable only to Muslims, even when the offence involves individuals of other faiths.
Malaysian Syariah Lawyers Association (PGSM) president Musa Awang said even if a Muslim is caught committing khalwat with a non-Muslim, only the Muslim offender will face prosecution and penalty.
"Regardless of the perception towards the enforcement of syariah law by non-Muslims, it does not alter the application of syariah rulings for Muslims. The perception arises due to misunderstandings about Islamic law. However, this misunderstanding is not limited to non-Muslims but also involves Muslims themselves," he told Berita Harian today.
Musa was commenting on the public caning of Mohd Affendi Awang, 42, who became the first person in Terengganu sentenced to six lashes in public for repeated offences of khalwat today. The punishment has also received various objections and criticisms.
However, the State Committee on Information, Da'wah and Syariah Empowerment chairman Dr Muhammad Khalil Abdul Hadi said public caning is not only meant to punish the offender but serves as a step to educate society, in line with the principles of maqasid syariah.
When asked about the justification for public caning, Muhammad Khalil said the practice is appropriate as the offender had pleaded guilty to the charge under Section 31 (a) of the Syariah Criminal Offences (Takzir) (Terengganu) Amendment Enactment 2022 for khalwat.
"The two sections that provide for the implementation of caning in Terengganu are Section 125 and Section 126 of the Syariah Criminal Procedure Enactment (Terengganu) 2001. Subsection 125 (3)(c) of the enactment states that the punishment must be carried out in the presence of a government medical officer at any location as directed by the court or a place designated by the state government for that purpose. The section also grants the Syariah Court the authority to determine the location for the execution of the caning. Typically, the caning is carried out in prison, as the executioner is from the Malaysian Prison Department. However, this time, the caning is being carried out outside of the prison. Offences of khalwat are considered as takzir offences (discretionary punishment), where the government can determine an appropriate punishment as long as it is within the laws approved by the government," he said.
Meanwhile, Human Rights Commission of Malaysia (Suhakam) chairman Datuk Seri Mohd Hishamudin Yunus is of the view that there is a need to review syariah law in line with the Federal Constitution and the Federal Court's ruling in the case of Nik Elin Zurina Nik Abdul Rashid.
Mohd Hishamudin said many provisions of the Syariah Enactments in the states need to be examined to determine whether they are in conflict with or in alignment with the Constitution.
"Therefore, following the Federal Court's ruling in the Nik Elin case, the federal government has established a committee to review the constitutionality of the Syariah Enactments in the states. According to the Suhakam Act, the human rights that are advised, promoted, and protected by Suhakam are those listed under Part Two of the Constitution, as well as those mentioned in the Universal Declaration of Human Rights 1948 (UDHR). The UDHR will be applied as long as it does not conflict with the Constitution," he said.