Friday, 28 August 2009

Caning for educational purposes(update)








I suppose the above are not the caning approved by shariah laws although the above are the acts of canings in Muslim countries.

I have just read two superb articles regarding the above issue that should also be read by others. One is by a lawyer who blogs under the name snakebite. see his take here. I think this is good caveat. The other one is written by Zaid Ibrahim which i think is a very clear-headed analysis. Read his take here. Ye lah, jangan kita anggap yang mempunyai tanggapan dan pandangan yang berlainan sebagai musuh Islam.


I have to make clear my stand on this issue. This issue caught the attention of many quite a way back as it happened in Cherating about 30 minutes drive from Kuantan towards Kemaman. I have not commented on this issue at all preferring to stay away from legal intricacies which are not my cup of tea.

Yesterday morning I posted a short essay commenting on the issue. I did not question in any way the jurisdiction or the capacity of the shariah courts in administering this form of punishment. I am concerned however on whether when this punishment becomes a precedent; they will be able to execute the same punishment without fear or favour.

To my mind, there is no difference in practice whether the caning meted out is the Islamic way or civil way as the wrongdoer is willing to accept the punishment. So, to her it is academic whether the caning is to be done in way A or B. The fact is she will be caned and a certain part of her anatomy will taste rotan. The pain will not be any lesser even if it's called Islamic and for educational purposes.

The way as to how it is done and the requirements under the administration of Islamic laws in Pahang has been written succinctly by my blogger friend Dongtalk, here. Nothing needs to be added to supplant its clarity. However, may I add, this is only the theoretical part. We may be interested also to read the blogger Art Harun's take here. Coincidentally both are law graduates. Dongtalk is a former magistrate and Art Harun I believe is a practising lawyer.

Readers may want to share some pictures about how caning is carried out. Bear in mind that this form of caning is for educational purposes.

Personally, the irony of the statement 'caning for educational purposes' doesn't escape me. Since the lower social groups are generally uneducated, they must be educated. The privileged groups are assumed to be educated, hence no caning is necessary. Perhaps, this explains the paradox as to why punishments of this kind seemed to target a particular socio-economic group.

I support the caning as not only it conforms to the edicts of Shariah laws but the person caned will also want to see, whether in future, all offenders for the same wrong will be dealt the same. 'All' means, Pharisees and philistines, more Islamic and less Islamic, good and bad believers. This probably explains her willingness to undergo the punishment. In the name of justice, I hope this punishment will be applied across the board.





3 comments:

Anonymous,  28 August 2009 at 10:15  

Dato,

One up for yr courage, in proposing the execution of the same punishment without fear or favour.

It's an Everest climb to convince, more so to convert, the ill-informed die-hards!

For far too long, there r too many of yr kindred, who r more into form than substance - whether it’s in the affairs of adat &/or agama. In fact it shows in all fabric of their daily on-goings.

Examples as u has eloquently described;

- the lower social groups are generally uneducated, they must be educated.
- The privileged groups are assumed to be educated, hence no caning is necessary.
- Pharisees and philistines, more Islamic and less Islamic, good and bad believers.
- there is no difference in practice whether the caning meted out is the Islamic way or civil way

It’s a disease that’s too intertwined with the current Malay M’sian psyche!

anomie

rem 28 August 2009 at 10:40  

let me make some suggestions,
the moral police should raid again and again places smack in the centre of kl where there are high-end pubs and nightclubs like in bangsar, in and around klcc and in solaris hartamas.
catch all the malays there and make examples of them. cane them all.
but you know what? this won't happen. our moral police only dare to bully 'low-end' people like kartika. they won't dare touch the so-called upper crust malays (incl those from the ruling party and their children).
remember the infamous case a few years ago when they raided a popular pub and nabbed some big malay names. finish, they were browbeaten to cowardice our brave moral police.
islamic rule is only for the poor, it seems.
that is why i am disgusted with the whole issue.

or else, why not openly make statements to oust malays on the board of haram companies like guiness anchor and genting (and the cigarette companies also) etc. and for their top-end company officials who are malays to quit.
and why does MAS provide liquor by malay stewardesses - condemn lah.
u know, this won't happen again.

these guys like hassan ali talk about possibly arresting malays who work in guinness (see mkini thurs) but i bet u it is the poor malays who work there who will get it.
at a time when the country should be busy helping the poor and the jobless. and removing corruption and crime.
i'd rather mosque officials be told to guard neighbourhoods against crime, teaching their neighbourhoods new skills so that malays won't remain as security guards, office boys, factory hands and part-time models.
but no, we must start 'islamic law' by attacking these same people that we should help.

Ree,  28 August 2009 at 11:17  

Dato Sak,

Whats next?

Smoking is also haram by fatwa. Therefore, smoking is illegal under shariah law. Should we then cane people who smoke? Or does the religous types say that smoking is "less sinful" than drinking alcohol? Perhaps 3 lashes?

What about wearing tudung? Should we also cane women for not wearing tudung in public places? Or do the religous types say that showing your "aurat" is less sinful than drinking? Maybe 4 lashes then to shame and deter?

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