KUALA LUMPUR: Rejecting public caning for syariah offences does not equate to opposing Islamic teachings, says Perlis Mufti Datuk Mohd Asri Zainul Abidin.
Asri, commonly known as Dr Maza, said this was why no one should assume those who are against public caning as going against Islam.
"There is no stipulation in Islamic law requiring khalwat (close proximity) offenders to be caned in public," he said.
"In fact, public caning for such offences may contradict the principles of Islamic law which calls for a person's faults to be concealed."
"The caning of khalwat offenders in public is not Allah's law or that of His Messenger (Prophet Muhammad). It is merely the authorities' choice."
Asri said this was why rejecting public caning did not mean going against Islamic teachings.
He said he hoped no one would overreact by accusing those who disagreed with the punishment of going against Islam.
Some parties have voiced their objection to Terengganu's decision to implement public caning for syariah offences.
Yesterday, a construction worker received six strokes of the cane after he was found guilty of repeated khalwat offences.
Previously, Terengganu Menteri Besar Datuk Seri Ahmad Samsuri Mokhtar defended the public caning, saying it was conducted in full adherence to Islamic principles of justice.
He also said the punishment was not solely intended as retribution but also served as a form of education, deterrence, and guidance to encourage society to align with Islamic values.
Elaborating on the issue, Asri said though caning for adultery is found in the Quran and Sunnah, it was subject to strict conditions.
He said for one, the offence must have been witnessed by four credible witnesses who saw the male offender penetrating the woman.
"In other words, it is almost impossible to find an adulterous couple who would allow four people to witness their act unless the couple were openly advocating adultery.
"Otherwise, a case of adultery can only be proven by a continuous confession from the perpetrator, requesting to be punished, while the court would attempt to avoid imposing the punishment.
"As for qarinah or circumstantial evidence of adultery, there are many ways to avoid punishment," he said.
Asri said gossip is frowned upon in Islam and that the religion does not favour punishments for adultery unless those involved are unrepentant or want to be punished.
"As for those who accuse others of adultery without evidence as prescribed by Islamic law, they are more liable to public caning than the adulterers themselves.
"Islam opposes slander and turning sins that are between a person and Allah into a public spectacle."
He said for those in power, Islam requires them to conceal personal sins and avoid them from being played up in public."