Public whipping of man for khalwat violates federal, shariah laws, says G25

 

Affendi Awang (right), a father of five, was previously sentenced to six strokes of the rotan after pleading guilty to being in close proximity with a woman who was not his wife. (Bernama pic)

PETALING JAYA: 

The planned public whipping on Dec 27 of a man in Terengganu for khalwat, or close proximity, violates both federal and shariah law, says the G25 group of prominent retired civil servants.

In a statement today, the group criticised the Terengganu shariah appeals court’s unanimous decision on Dec 11, to uphold the punishment meted out to 42-year-old Affendi Awang by the shariah high court.

It said the federal government and the Conference of Rulers should make a stand against the punishment and called for Prime Minister Anwar Ibrahim to personally intervene in the matter.

“Public whipping by the shariah court violates both the Federal Constitution and the Syariah Courts (Criminal Jurisdiction) Act 1965, which does not provide for public whipping.

“It is wrong for state governments, via their respective state shariah enactments, to criminalise the moral sins of Muslims and mete out cruel forms of punishment against them.

“The criminalisation of their personal behaviour violates human rights and the fundamental liberties guaranteed under the Federal Constitution,” G25 said.

Affendi, a father of five, was previously sentenced to six strokes of the rotan after pleading guilty to being in close proximity with a woman who was not his wife.

He had committed khalwat with a 52-year-old woman at a house in Kemaman on June 16, having been convicted of the same offence on two previous occasions.

He was also slapped with a RM4,000 fine, or six months in prison if he failed to pay the amount.

G25 said the counselling and guidance of khalwat offenders by the state religious departments is a humane alternative to public humiliation.

It added that Islam forbids the shaming and humiliation of fellow Muslims, and that there was no provision in the Quran for the whipping of sinners in public for khalwat.

“The fact that the whipping was announced to be held in a mosque after Friday prayers, essentially stripping a person of his dignity and right to privacy, is an injustice and affront to the values of compassion in Islam.

“It also makes us question whether true justice is being served in this case, especially when the offender’s five children could be emotionally harmed by the public spectacle of their father’s punishment,” the group said. - FMT