KUALA LUMPUR — Rembau MP Khairy Jamaluddin criticised today the public caning of two Terengganu women under Shariah law for attempting to have lesbian sex.
The Umno leader said Islam teaches one to respect the dignity of another, and to have mercy.
“There are other ways to handle the LGBT issue. Although it is enshrined in the laws, carrying out public caning should not have been done.
“Islam teaches us to look after the dignity of every human being. And that mercy is preferable to punishment,” Khairy wrote on his Twitter account in Malay, appending a news report of the women’s caning which took place this morning.
Khairy Jamaluddin@Khairykj
Banyak lagi cara untuk menangani isu LGBT. Walaupun termaktub dalam undang2, tak wajar dilaksanakan sebatan di khalayak ramai. Islam teaches us to look after the dignity of every human being. And that mercy is preferable to punishment.BERNAMA[Video] Dua wanita lesbian disebat
Earlier, two women’s rights groups slammed the Kuala Terengganu Shariah High Court for publicly caning the women today, describing the punishment as “a travesty and a grave miscarriage of justice”.
Justice for Sisters and Sisters in Islam said the punishment can only be meted against prisoners, but the duo were not imprisoned after they were charged and found guilty of attempting to have lesbian sex.
“Prison Act 1955 and Prison Regulations 2000 stipulates that caning can only be carried out against prisoners. As the sentences of the two women did not include imprisonment, they were not considered prisoners as defined by the Prison Act and Prison Regulations.
“This, despite the fact that they were sentenced to caning. The Kuala Terengganu Syariah High Court and Malaysian Prisons Department therefore may have acted against the law in its execution today,” they said in a joint statement.
The groups also questioned Putrajaya’s involvement in the events, since it was carried out by an officer from the Prisons Department under the Home Ministry
The two women were punished by six strokes of the cane, under Sections 30 and 59(1) of the Syariah Criminal Offences Enactment (Takzir) (Terengganu) 2001, after they pleaded guilty to lesbian sexual relations.
In addition to being caned, the women aged 22 and 32 were also required to pay a fine of RM3,300.
Around 100 people witnessed the punishment in the courtroom, including public onlookers, government agencies’ representatives, and NGO members. – MALAY MAIL
After today, Terengganu exco says public caning will no longer shock public
KUALA LUMPUR, Sept 3 — A Terengganu executive councillor (exco) has said that the public will no longer be surprised by Shariah sentences such as public caning, after two women were punished there today.
Malaysiakini reported its exco in charge of Shariah implementation, Satiful Bahri Mamat as insisting that the punishment were not to hurt the women, but to educate the public.
“From what we can see today, I believe [such sentences] will no longer shock the public,” he reportedly said.
He also said that the caning served as a reminder to Muslims against committing ‘zina’, or illicit sex, labelling the offence as a “cancer that can spread in society”.
Additionally, Terengganu Bar chairman Sallehudin Harun reportedly said that today’s event will enlighten the public over the sentence.
“I was [initially] confused and thought that this was a heavy punishment. From what we saw today, the public would have a more positive picture,” he reportedly said.
Two women were punished by six strokes of the cane individually by a female caning officer from the Kajang Prison, after they were found guilty of committing lesbian sex.
Around 100 people witnessed the punishment in the court room, including public onlookers, government agencies’ representatives, and NGO members. – MALAY MAIL
BERNAMA[Video] Dua wanita lesbian disebat
Groups: Terengganu Shariah court defied law, caning only allowed against prisoners
KUALA TERENGGANU – The Kuala Terengganu Syariah High Court today executed six strokes of the cane against two women charged with “attempting to have sex” under Section 30 and 59(1) of the Syariah Criminal Offences (Takzir Terengganu). The caning contravenes several legal provisions, including the Prison Act 1995 and Prison Regulations 2000.
The women were each sentenced to a fine of RM3,300 and six strokes of the cane each on 12 August by syariah judge Kamalruazmi Ismail.
Prison Act 1955 and Prison Regulations 2000 stipulates that caning can only be carried out against prisoners. As the sentences of the two women did not include imprisonment, they were not considered prisoners as defined by the Prison Act and Prison Regulations. This, despite the fact that they were sentenced to caning. The Kuala Terengganu Syariah High Court and Malaysian Prison Department therefore may have acted against the law in its execution today.
Malaysia’s laws are inconsistent in relation to caning of women. Section 289 of the Criminal Procedure Code prohibits corporal punishment against female prisoners of any age. However, provisions under the syariah law allows women to be caned. These inconsistencies create confusion in the jurisdiction of the Prison Department thus directly affecting the rights of women in Malaysia protected by Article 8(2) of the Federal Constitution against gender discrimination.
The role of the federal government is brought into question as the unlawful execution was carried out by the Prison Department under the Ministry of Home Affairs. Questions are raised on why the execution was authorized and officers from the department appointed to carry out the sentence.
The execution that took place at the Kuala Terengganu Syariah High Court is a travesty and a grave miscarriage of justice.
ENDS/-
Definitions or prisoner
Prison Act 1995 defines a prisoner as a person, whether convicted or not, under confinement in a prison and in relation to a convicted prisoner, includes a prisoner released on parole.
The Prison Regulations 2000 defines ‘convicted prisoner’ as a person who is convicted by the court and has been sentenced to imprisonment.
Section 289 of the Criminal Procedure Code
No sentence of whipping shall be executed by installments and none of the following persons shall be punishable with whipping
- Female
- Males sentenced to death
- Males whom the Court considers to be more than 50 years olf of age, expect males sentenced to whipping under section 376, 377C, 377CA, or 377E of the Penal Code
–Press Statement by Justice for Sisters and Sisters in Islam
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