As reported by The Star:
Three Muslim women became the first in the country to be caned for committing syariah offences.
Home Minister Datuk Seri Hishammuddin Tun Hussein said the three were found guilty of having illicit sex and had the caning sentence meted out to them on Feb 9 at 10am at the Kajang Prison.
He said two of the women were given six strokes of the rotan while the third was whipped four times.
Is this punishment Islamic at all? Being Malaysian said it wasn’t.
Some may suggest that this punishment is from the Quranic punishment against fornicators and adulterers (found in chapter 24, verse 2) but I disagree for the following reasons:
1. The condition of this punishment is when there exists ‘deenillah’ (24/2) or when God’s system is in establishment. This condition exists when people enter willingly into God’s system in droves (110/1-2). Therefore the people must unanimously agree that this punishment is to be established. The Quran doesn’t force punishments on people who haven’t agreed to it beforehand
2. The punishment is 100 lashes, not 6 or 4. So we need to ask why the court sees it fit to reject God’s prescription and decide their own. No jailing at all is mentioned. So who gave the authority to the Syariah court to override Quranic law?
3. This punishment can also only happen when there are 4 witnesses (24/4) . Were there 4 witnesses? We are not told this at all. In fact, if there aren’t 4 witnesses then the Quran stipulates that the accusing party must be whipped and their evidence rejected thereafter (also 24/4). These 4 witnesses have to catch them in the act. The ‘tangkap khalwat’ method cannot work because the specific word used is ‘zina’ (actual intercourse) and not ‘khalwa’ (being together in an enclosed space) or even iqtirab az-zina (coming close to zina or foreplay).
4. This punishment required witnesses from among the believers. This requirement is because the punishment isn’t to physically hurt the guilty but to showcase people who cannot be trusted to keep sexual relations private (i.e. they behave lewdly in public) or are constantly of infidelity. The punishment carried on these women were behind closed doors so it totally defeats the purpose of the act.
This act by the government had nothing to do with Islam. I suspect it is an act to show how ‘Islam’ the UMNO folk are. True to form, they have chosen the most superficial and unislamic way to show their Islam to the world.
Well, many actually objected to the caning including influential Sister of Islam movement.