I refer to your report,"Prison can carry out Syariah caning," (nst 23rd July
).Whatever it is, Judicial or Syariah caning is a deterrent, because
very few among those caned, repeated the same crime. However I am not
sure whether there has been any amendment to the Prison Regulation or
Act that could authorised the prison authority,to administer Syariah
caning recently imposed on a Muslim woman found guilty of drinking
beer in public. The sentence of 6 strokes of the rotan did not include
a jail term, and I doubt whether it is legal to bring the woman into a
prison just to undergo the punishment of caning. The prison has never
flogged a female prisoner before since Malaysian Criminal Law
excludes women from caning and I am not aware whether the prisons
department has a female caning official now to inflict the rotan on
an exposed buttock of a female.
I remember of a
case of a Muslim male, sentenced by a Syariah Court to 6 strokes of
the rotan for drinking alcohol in public, more than a couple of
decades ago when I was still a prison director. Due to some legal
complication , the prison authority did not administer the whipping,
and besides caning officials at that time were not trained in Syariah
caning, which is different from Judicial caning.
Caning officials
are required to undergo specialise training before they are
officially certified as judicial caners, and are now paid an allowance
of Rm 10 ringgit for each strike, making it their obligation to do
such duty.without fear or favour.
Judicial caning
carried out under Malaysian Criminal Law differs from that of Syariah
caning, ordered by the Syariah Courts on only Muslims male and females
. Judicial caning is more severe ,causing injury,great pain , and
degrading. The idea is to make the prisoner feel the pain, and suffer
from the punishment, as a deterrent not only to himself but to would
be criminals. Caning is the second highest form of punishment after
the death penalty, which were introduced by the British Colonial
masters, during the colonial era. The maximum number of strokes that
can be inflicted at one go is 24 strokes. However the Medical Officer
(doctor) present has the authority to stop the whipping altogether if
further caning could endanger the life of the prisoner.
The caning
official begins with the holding of the rotan on his right hand, while
the left hand holds the tip of the rotan just above his head level and
when he is ready, the left hand is released, and the rotan is swung
with full force towards the prisoner's exposed buttock.As the rotan
hit the buttock with the first stroke, the skin will begin to tear and
swell, a nd after 3 to 4 strokes the skins will be detached and
bleeding occurs. If the prisoner could withstand all the 24 strokes
all the skin of his buttock will be detached and blood will be oozing
from the injury causing the prisoner an unbearable pain. He will
then be taken to the clinic for immediate treatment by the doctor.
After the treatment, he will be lying face down, an d will be in that
position for the next 7 to 10 days depending on the extent of the
injury.Any one would be wrong to say that no treatment is given to the
prisoner after being whipped. That is the responsibility of the
Director of the prison, to
oversee that the judicial sentence is carried out accordingly.
Whereas Syariah
caning is less harsher and severe. The cane used is smaller, and the
caning official cannot lift the rotan above his shoulder, making the
impact lesser, besides the subject is fully covered with a robe and
nothe subject feel ashamed art of the body or flesh will be exposed,
so that the rotan will not touch any part of the flesh. There will be
no injury or bleeding and the subject will not suffer much pain. The
idea is not to hurt but to make him feel ashamed of his or her sin,
so that she will repent and never to repeat the offence.
I feel that it
is about time the Syariah Courts appoint their own certified Syariah
caners and possibly gazette a room in the syariah court as a prison so
that the Syariah, caning can be executed there, as I dont think beer
and alcohol drinkers are criminals.
NOR SHAHID MOHD NOR
PETALING JAYA
my blog at
http://norshahid.blogspot.com/