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[UPDATED] Public caning in Terengganu? Not so fast: Azalina | Scoop
Responding on the plan to implement public caning in Terengganu for shariah offences, law minister Datuk Seri Azalina Othman Said has said that the state and federal governments have not yet discussed the proposal at it will involve federal agencies. – Azalina Othman Said Facebook pic, April 30, 2024
News

[UPDATED] Public caning in Terengganu? Not so fast: Azalina

Law minister says managing shariah criminal cases involves federal agencies like police and Prisons Dept, thus requiring amendments to existing laws

Scoop Reporters
Updated
10:39 PM MYT

 

KUALA LUMPUR – The Terengganu and federal governments have yet to hold discussions on the possible implementation of public caning for shariah offences in the state.

According to law minister Datuk Seri Azalina Othman Said, managing shariah criminal cases involves federal agencies – such as the police for arrests and the Prisons Department for imprisonment.

“Does the state have its own police force? Its own prisons? Who will carry out the caning? 

“To impose punishments, there are laws involving federal government agencies. So, we must look at this comprehensively or this could lead to various disputes.

“If we intend to implement this, we require comprehensive amendments to existing laws. 

“As an independent nation, we have laws and a constitution that delineate the jurisdiction of state and federal governments,” she was quoted as saying by Bernama after she visited the Kuala Kubu Baharu Court building today.

This was in response to a statement by state Information, Dakwah and Shariah Empowerment Committee chairman Muhammad Khalil Abdul Hadi who said the state government was considering public caning for criminal shariah offences.

Meanwhile, religious affairs minister Datuk Mohd Na’im Mokhtar said a comprehensive study involving multiple agencies should be carried out before implementing public caning.

He added that the study has to include the definition of “public” and punishment should also serve to preserve the dignity of the offenders.

“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 Shariah 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.

“It is at the discretion of the shariah judge to determine the offence and the location for carrying out the caning punishment, whether in prison, court premises, or in public.”

At the federal level, the Shariah Judiciary Department has issued standard operating procedures regarding the methods of caning. – April 30, 2024

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