Sabah govt says no to public caning for Islamic offences despite mufti’s support

KOTA KINABALU, Jan 6 — Sabah will not implement public caning as a punishment for breaking Islamic law, state religious affairs executive councillor Datuk Mohd Arifin Mohd Arif said today.

His statement follows Sabah Mufti Datuk Bungsu Aziz Jaafar’s earlier remarks that there was precedent to do so and that it was in accordance with Islamic law.

“The state government wishes to clarify that the statement by Ustaz Bungsu represents his personal opinion and does not reflect the official position of the state government,” Mohd Arifin said, referring to the mufti by his moniker.

Mohd Arifin, who is also Sabah minister of science, technology and innovation, emphasised that the state government, through its religious authorities, will maintain the existing punishments for takzir offences, which refer to penalties for offences not explicitly mentioned in Islamic scriptures but decided by Shariah judges.

Mohd Arifin also emphasised that Sabah will not adopt public caning, as was carried out recently in PAS-ruled Terengganu, on a man convicted of khalwat (close proximity between people of different genders who are unrelated to each other).

He said this is because Sabah’s populace consists of people of diverse ethnicities and religions.

“As a state, we adhere to the principles of Fiqh Sabahi, as introduced by the mufti.

“This approach emphasises wisdom and prudence in social interactions, fostering relationships and coexistence, while promoting Islamic values in a multicultural and multi-religious society like Sabah,” he said.

“Religious harmony, tolerance, and mutual understanding are the foundation of Sabah’s peaceful and harmonious way of life,” Mohd Arifin added.

He said this matter should not be debated by any party, stressing that it could lead to disharmony in Sabah.

The public caning of a 42-year-old father of five in Terengganu, reportedly a repeat khalwat offender, has sparked a debate on Malaysia’s justice system where civil and Shariah laws are in tandem.

Bungsu argued that public caning aligns with takzir principles in Islamic law and serves as a deterrent.

“In Sabah, people believe that if something is kept secret, no one will know, and it will not serve as a deterrent. This is why some punishments must be carried out publicly,” he was reported to have said.

However, human rights advocates and lawyers argue that public caning infringes on Article 5 of the Federal Constitution, which guarantees personal liberty.