First Muslim to be sentenced to caning for khalwat (close proximity) in Terengganu
Kuala Lumpur - A construction worker became the first khalwat (close proximity) offender in Terengganu to receive a caning sentence by the Syariah High Court.
Syariah Judge Hamidi Shafie imposed the sentence on Mohd Affendi Awang, 42, who pleaded guilty to the charge under Section 31(a) of the Syariah Criminal Offences Enactment (Takzir) (Terengganu) Amendment 2022, effective from Jan 1.
Judge Hamidi ordered Mohd Affendi to undergo four strokes of the cane and pay a fine of RM3,000, with a default option of six months' imprisonment, for the offense. The caning is scheduled within 14 days from yesterday unless there is an appeal.
Mohd Affendi admitted to being with a woman in her 30s who was neither his wife nor "mahram" between 1.10am and 2.15am on Jan 25 on the third floor of a building undergoing renovation in the Kemaman district.
The caning sentence was imposed on Mohd Affendi due to it being his second offense; he was fined in July last year for a similar offense.
According to the Syariah Criminal Offences Enactment (Takzir) (Terengganu) Amendment 2022, a person convicted of khalwat for the second or subsequent times can face up to six lashes, a fine of up to RM5,000, or three years in prison.
In his verdict, Hamidi stated that the punishment was also intended as a lesson for Mohd Affendi and society.
"That's why the caning sentence in the Syariah Court differs from that of civil courts," he remarked. "While it may seem similar on the surface, in the Syariah Court, the caning is milder to serve as a lesson."
"It is hoped that this will also serve as a deterrent for Mohd Affendi from repeating his actions, especially considering this is his second offense," he added.
Muhamad Khasmizan Abdullah acted as the prosecutor, while Mohd Affendi was not represented.
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