Malaysian man to be publicly caned at mosque for Islamic crime of close proximity

A 42-year-old father of five faces a public caning at a mosque in Malaysia after being convicted of the Islamic crime of 'khalwat', or close proximity between unmarried couples, for the third time, a state official and media reports said.

A sharia court judge in the conservative northeastern state of Terengganu on Wednesday sentenced the man, a construction worker, to six strokes of the cane and a fine after he pleaded guilty to the offence, state news agency Bernama reported.

Terengganu state executive councillor Muhammad Khalil Abdul Hadi said the caning would take place at a mosque on December 6 after Friday prayers, if the man did not file an appeal.

“This punishment involves caning, but what makes it unusual this time is the judge's decision for it to be conducted publicly,” he said in a video posted on Facebook.

“This is a new development in Terengganu. Previously, such sentences were executed in closed settings.”

The man became the first person in the state to be caned for 'khalwat' after he was sentenced in February in a separate case, after amendments to Terengganu's Islamic laws that took effect this year, according to Bernama.

Malaysia practises a dual-track legal system, with Islamic criminal and family laws applicable to Muslims running alongside secular laws.

The criminal law allows caning for a range of offences, including rape and drug trafficking. Women, men aged over 50, and men sentenced to death are exempt, but sharia courts can order whipping for Muslim men and women in some states.

Terengganu is governed by Parti Islam Se-Malaysia (PAS), which has advocated for a stricter interpretation of Islamic law. In 2018, the state caned two women in a courtroom watched by dozens of people after they were convicted of attempting lesbian sex, prompting an outcry from human rights groups.

Reuters