We, the members of G25, wish to express our strong opposition to the decision of the Terengganu Sharia Appeal Court to uphold the Sharia High Court’s sentence of public whipping for the offence of khalwat (close proximity) by 42-year-old Affendi Awang, a widower and father of five.
The rationale behind this sentence is reportedly to deter both the offender and others from the act of khalwat, as the offender himself is a repeat offender.
We in G25 respectfully appeal to the federal government and the Conference of Rulers to take the progressive stand that it is wrong for state governments, through their respective state Sharia enactments, to criminalise the moral sins of Muslims and to 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.
We respectfully urge the relevant authorities to put a stop to the whipping which is now scheduled for 27 December.
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Given the prime minister’s emphasis on reforms, he should promptly intervene in this matter by speaking out against the public whipping so that action can be taken before it is too late.
Public whipping by the Sharia court violates both the Federal Constitution and the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), which does not provide for public whipping.
Khalwat offenders are not criminals because their transgressions in personal behaviour do not pose a threat to life and property nor to the peace and security of the country.
State religious departments should maintain the more humane approach of their dakwah (missionary) activities by counselling offenders and guiding and supporting them to become better Muslims. Public humiliation should never ever be an option.
We wish to remind the public and state authorities that Islam forbids the shaming and humiliation of fellow Muslims. Nowhere in the Quran does it provide for the whipping of sinners in public for the act of khalwat.
Islam should not be man-made into a cruel religion which teaches through humiliation, but should be seen as a religion which embodies compassion and dignity.
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.
Furthermore, holding such an act in a mosque, a place of worship and reverence, not only undermines the sanctity of the space but also risks demeaning the image of the mosque itself, turning it from a place of peace and prayer into one of humiliation and punishment.
We reiterate that whipping contradicts the principles of modern justice, which holds that even the worst criminals deserve to be treated with respect. Even a convicted murderer, facing the death penalty, is entitled to die with dignity and privacy.
Malaysia is a constitutional democracy founded on the universal principles of justice. The practice of public whipping raises concerns about Malaysia’s image as a progressive Muslim-majority nation.
We have long prided ourselves on being a moderate and tolerant country, guided by the principles of wassatiyah and maqasid al-syariah, which call for a more compassionate and moderate approach to how Islam is practised in our lives.
G25 supports Suhakam’s call for the abolition of corporal punishment and that Malaysia should accede to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984.
The majority of countries in the world have already ratified or acceded this convention, including many Muslim-majority countries. It is high time Malaysia be a party to this convention.
Should the public whipping proceed, we can no longer call ourselves a moderate Muslim nation. We therefore ask members of the public not to attend the whipping, should it proceed.
Let us act with restraint and respect and show, through our actions, that we do not support this cruel and humiliating form of punishment. – G25
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
No comments as it is a sensitive religious subject. Bless all
More of such judgements based on syariah principles will be d norm in d future if d Mufti bill is passed irregardless of what d federal constitution upholds. Such humilition disregards d dignity of d human being….