KUALA LUMPUR, May 1 – The implementation of public caning for Syariah offenders falls under the jurisdiction of the states, Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar said.
However, he stressed that before such punishment is executed, a comprehensive study involving multiple agencies should be carried out, taking into account all relevant aspects, including the definition of “public” and the philosophy of punishment aimed at balancing educational objectives with preserving the dignity of the offender undergoing punishment.
“I want to emphasise that, as we are well aware, matters related to Islamic law fall under the jurisdiction of the states, including legislative and judicial affairs, which are the absolute prerogatives of the Rulers and the states as stipulated in the Federal Constitution.
“In the context of the Syariah Criminal Offences Act or Enactment in Terengganu, the penalties for such offences typically include up to three years’ imprisonment, a fine of RM5,000 and a maximum of six strokes of caning administered by state courts,” he said.
Mohd Na’im was responding to the Terengganu government’s recent proposal to consider public caning Syariah offences.
In accordance with Section 125 (1c) of the Syariah Criminal Procedure Enactment, it is at the discretion of the Syariah Court judge to determine the offence and the location for carrying out the caning punishment, whether in prison, within the Syariah court premises, or in public,” he added.
He said at the federal level, the Syariah Judiciary Department has issued standard operating procedures (SOP) regarding the methods of caning, as the implementation methods may vary across states.
