Syariah court orders public caning for carpenter’s third khalwat violation

HULU TERENGGANU - A widower became the first man to be sentenced to six lashes in public at a mosque in Terengganu on Dec 6 for repeated offences of khalwat.

The Terengganu Syariah High Court Senior Judge Kamalruazmi Ismail handed down the sentence after the accused, Mohd Affendi Awang, 42, a carpenter, pleaded guilty to committing khalwat for the third time.

On Wednesday, the court ordered the caning to be carried out at Masjid Al-Muktafi Billah Shah in Kuala Terengganu on Dec 6, after Friday prayers, following the expiration of the appeal period.

The accused was charged under Section 31(a) of the Syariah Criminal Offences (Takzir) (Terengganu) Amendment Enactment 2022 for khalwat.

He was also fined RM4,000 or sentenced to six months in prison if the fine was not paid.

According to the charges, the accused was found committing khalwat with a 52-year-old woman at a house in Kemaman at 1.40am on June 16. The caning sentence was imposed as it was the accused's third offence.

In his judgment, Kamalruazmi stated that the primary goal of any punishment under Syariah law is to serve as a deterrent, provide education, and offer a warning to prevent the same offence from recurring, particularly for the accused and as a general reminder for the public.

“A true believer does not fall into the same hole twice. You (Affendi) have been caned and imprisoned before, but you committed the offence again. The first punishment (caning for khalwat) should have been enough to instill a sense of repentance,” he said.

Previously, the accused, a father of five, had been fined RM2,700 or sentenced to three months in prison after pleading guilty to a khalwat charge on July 11, 2023, in the Kemaman District Syariah Lower Court.

He was charged with the same offence again on Jan 25, and on Feb 19, the Terengganu Syariah High Court sentenced him to four lashes, a RM3,000 fine, or six months in prison if the fine was not paid.

The accused had previously been the first khalwat offender in Terengganu to receive four lashes under the Terengganu Syariah High Court for repeated khalwat offences.

Under the Syariah Criminal Offences (Takzir) (Terengganu) Amendment Enactment 2022, which came into effect on January 1, second and subsequent khalwat offences are punishable by up to six lashes, a fine of up to RM5,000, or three years in prison.

The case was prosecuted by Deputy Chief Syariah Prosecutor Nik Mohd Shahril Irwan Mat Yusof, while the accused was not represented by a lawyer.