By Alok Bhatt
Impunity Watch Reporter, Asia
KUARA LUMPUR, Malaysia – Bernama, a national Malaysian news agency, recently reported upon the first ever time the country executed a caning as punishment under Islamic law. Although the practice of caning has been performed since the 19th century, during the British colonial period in MalaysiaThree moderate women were caned under Islamic law for adultery. The women were caned following a decision rendered in December, heard within a religious court of Malaysia. Sharia requires that Muslim women be caned with a stick called a rotan by a female guard, and the women must be fully clothed.
The Malaysian government took about a week to actually report the occurrence of the caning, which raised much concern in NGOs, the international community, and numerous human rights organizations. An official from Amnesty International equated caning with torture.
Malaysia’s minister of domestic affairs, Hishamuddin tun Hussein, expressed no repentance for the caning in a subsequent statement. Hussein justified the purpose and policy of the caning, claiming that this incident would serve as a warning to ‘sinful’ Muslims. He also said that, although, the caning did not excessively injure the women, it serves as a means of touching and cleaning their conscience. Hussein’s words suggest a willingness to continue enforcing Sharia in such a manner.
The enforcement of Sharia law may also have another significant impact upon the ethnic minority of the Malaysian state. Malaysia is considered a secular state with its own set of domestic laws which exist independently of Sharia. The religious laws make admissible archaic policies that have not been enforced in many years, including the ban on Muslims consuming alcohol.
Although Sharia, which controls family affairs and many other cultural aspects, applies only to the Muslim community of Malaysia, the enforcement of religious law could have the effect of discriminating against Muslim women. Other discriminatory implications, such as the adverse effects upon Malaysia’s ethnic minorities, perpetuated by the enforcement of Sharia have provoked statements from sister nations and various human rights organizations. The Malaysian government has not yet addressed the myriad rights concerns which could be violated by the strict enforcement of Sharia to the Muslim majority.
For more information, please see:
Al-Jazeera – Malaysia canes women for adultery – 18 February 2010
The Christian Science Monitor – Malaysia begins caning women for adultery – 18 February 2010
CNN – 3 women caned in Malaysia for adultery – 17 February 2010
