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Judicial CP - September 2018

Corpun file 26745 at www.corpun.com


The Malay Mail, Kuala Lumpur, 5 September 2018

Domestic laws not bound by UN treaties, PAS MPs say after Shariah caning backlash

By Zurairi AR

KUALA LUMPUR, Sept 5 -- Two Terengganu MPs from PAS asserted today that Malaysia's Shariah laws are not bound by international treaties, following global outrage over his state government's public caning of two Muslim women Monday for attempted lesbian sex.

Kemaman MP Tuan Che Alias Hamid hit back at critics who claimed the caning was against the Universal Declaration of Human Rights, telling them to check its application before expressing their critical views.

"We have domestic laws that apply to all citizens in this country, and not bound to any international treaties," he said in a statement.

He cited writings by former chief justice Tun Abdul Hamid Mohamad to back his argument, but did not specify which.

"It is very unreasonable to compare domestic laws that are more binding with international level laws of treaties," he added.

Malaysia is a signatory of the Convention on the Elimination of All Forms of Discrimination against Women, in addition to two other out of nine United Nations core human rights treaties.

It has yet to accede to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment and Punishment that would arguably outlaw caning, but Foreign Minister Datuk Saifuddin Abdullah has said that Putrajaya will sign it, along with the rest of the treaties.

Tuan Che Alias was backed by fellow PAS MP Shaharizukirnain Abdul Kadir, who slammed the Malaysian Human Rights Commission (Suhakam) for criticising the sentencing.

"This shows that Suhakam actually prioritise international laws that are not binding compared to national laws that are in effect, and is far from understanding the principles behind Islamic legislation and the benefits of its implementation," the Setiu MP said.

He also claimed that the sentencing was the best way of handling the matter, and it did not infringe on human rights at all.

On Monday, two women found guilty for attempting to have lesbian sex were caned six times in public at the Terengganu Syariah Court, as around 100 people watched the punishment being carried out.

In response, Suhakam urged the government to end all forms of corporal punishments, accusing the Kuala Terengganu Shariah Court of deliberately humiliating the women by allowing the media to observe the caning of the two alleged lesbians.

© 2019, Malay Mail, All Rights Reserved.

Corpun file 26765 at www.corpun.com


New Straits Times, Kuala Lumpur, 8 September 2018

Syariah caning milder than corporal punishment in schools - Terengganu MB

Menteri Besar
The recent Syariah caning carried out against a lesbian couple in Terengganu was milder than the ones carried out by disciplinary teachers, said Menteri Besar Dr Ahmad Samsuri Mokhtar. Pic by NSTP/ HAFIZ SOHAIMI

KUALA TERENGGANU: The recent Syariah caning carried out against a lesbian couple in Terengganu was milder than the ones carried out by disciplinary teachers, said Menteri Besar [State premier] Dr Ahmad Samsuri Mokhtar.

He said caning under Syariah law was only aimed at educating the public without causing injury to the offender, and its implementation should not cause confusion or be perceived negatively.

"I'm not sure if the parties who protested against the punishment have the knowledge on how the caning is carried out. They should get the right information, because in reality it is not as bad as it sounds.

"In fact, I personally spoke to several people who were present and witnessed the caning and they said it was lighter than the ones carried out at schools. Don't compare Syariah caning to civil caning as the two are very different," he said.

On Sept 3, two women were caned six times after being found guilty of attempting to have sex in a car at Dataran Arena Square, Dungun, 1.50pm on April 8.

Ahmad Samsuri said the caning in Terengganu was not the first as Pahang, Kelantan and Sabah had previously meted out similar punishments.

"The caning was carried out by the federal government agency, the Prisons Department ... there are certain procedures to follow and (it's unfortunate) the five-minute punishment carried out that day sent fear among the people," he said. – BERNAMA

© 2018 New Straits Times Press (M) Bhd. A part of Media Prima Group.

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