Whipping by civil courts to stay for now, Dewan Rakyat told

Deputy Minister in the Prime Minister’s Department Hanipa Maidin. (Bernama pic)

KUALA LUMPUR: The government does not intend to abolish caning imposed by civil courts for the time being, the Dewan Rakyat was told today.

Deputy Minister in the Prime Minister’s Department Hanipa Maidin (PH-Sepang) said the government, at this juncture, felt the need to retain the punishment but that it was studying the matter.

“For now, there is no decision to abolish whipping. This punishment has been around in the country for a long time, and I admit, it has a deterrent effect.

“Do we want to change this? Under existing laws, a judge can exercise his or her discretion to replace whipping with a jail term, if they find that whipping will be detrimental to the person.

“There is room for that kind of change to take place. That is why I say, the government feels there is still a need to retain whipping.

“However, we are ready to listen to anyone who has carried out a very detailed study into this. We haven’t decided (whether to abolish or retain). We are still studying,” he said in reply to a question by Abdullah Sani Abdul Hamid (PH-Kapar).

Abdullah Sani had asked for the government’s stand on abolishing caning in totality, as has been done in England and India, with jail terms for offences instead extended.

To the initial question by Nik Abduh Nik Abdul Aziz (PAS-Bachok), Hanipa acknowledged that the current civil whipping, compared with whipping carried out under shariah law, had differences, likely due to a difference in the philosophy of the punishment.

“Under shariah law, it is to educate, not to hurt. In a civil whipping, it is more to hurt, because they say it is a deterrent and it involves serious crimes and such,” he said. - FMT