In a significant legal development, a 42-year-old Malaysian man, Mohd Affendi Awang, has been sentenced to public caning for the Islamic offense known as khalwat, which refers to the close proximity between unmarried individuals. This ruling, issued by the Terengganu Syariah High Court, marks a notable application of stricter interpretations of Islamic law in Malaysia.
Awang, a father of five and construction worker, pleaded guilty to the offense, which is his third conviction related to khalwat. The court has sentenced him to six strokes of the cane and a monetary fine of RM4,000 (approximately $850). If he fails to pay the fine, he faces an alternative sentence of six months in prison. The caning is scheduled to take place at Al-Muktafi Billah Shah Mosque on December 6, 2024, following Friday prayers.
This case highlights the dual legal framework in Malaysia, where Islamic law coexists with secular laws. The recent amendments to Terengganu's Islamic regulations permit public caning for repeat offenders of khalwat, reflecting a broader trend towards more stringent enforcement of Sharia laws in the region. Mohd Khalil Abdul Hadi, a member of the Terengganu state executive council, emphasized that this ruling sets a new precedent for public punishment in the state.
Critics have raised concerns about the implications of such punishments on human rights and individual freedoms. Human rights organizations have condemned public caning as a form of cruel and degrading treatment that violates international norms against torture. Amnesty International has previously described similar punishments as "barbaric" and called for the repeal of laws that criminalize consensual relationships.
The case follows a troubling pattern in Malaysia where marginalized groups, particularly those in the LGBTI community, face increasing discrimination and persecution under both Sharia and civil law. In 2018, two women were publicly caned for attempting same-sex relations, sparking significant international outrage and calls for reform.