A CONSTRUCTION worker has become the first individual in Terengganu to be sentenced to whipping after being convicted of committing khalwat (close proximity) under Section 31 (a) of the Shariah Criminal Offences Enactment 2022, which came into effect on January 1 this year.
Shariah judge Hamidi Shafie ordered the accused, Mohd Affandi Awang, 42, to be sentenced to four lashes and a fine of RM3,000 at the Terengganu Shariah High Court here today.
Sinar Harian reported that the punishment was imposed on the accused for committing the offence of khalwat for the second time.
According to this latest charge, he was accused of committing khalwat on the third floor of a premise at Jalan Pengiburan, Kemaman at about 1.10am on January 25.
Based on the facts of the case, the labourer and a woman in her 30s were in the empty building that was being renovated.
“The outcome of the questioning found that the couple had no marital relationship and were not mahram,” Hamidi said in delivering the punishment.
“Mahram” refers to a person with whom one cannot marry because of his or her close blood relationship or some other related reason.
Previously, the labourer had been convicted under Section 31 (a) of the Shariah Criminal Offences (Punishments)(Amendment) 2001 on July 11 last year.
He was then sentenced to pay a fine of RM2,700 or face three months in prison.
He now also faces three months in prison if he fails to pay the latest fine imposed on him today.
The decision on the punishment was made after Affandi, who was not represented, pleaded guilty to the charge according to the section after the amendment to the section was approved.
Based on the amendment to the state’s Shariah Criminal Offences (Punishments) Enactment 2022, the second and subsequent offences of khalwat can be punished with up to six lashes, and a fine of up to RM5,000 or three years in prison.
The prosecution was handled by shariah prosecutor Muhamad Khasmizan Abdullah while the accused was not represented by a lawyer.
In his judgement, Hamidi said that the punishment was imposed on the man as it was the second offence he had committed in less than a year.
“It is hoped that this sentence can provide a useful lesson for you and a warning to the community out there so that they don’t get caught and dare to commit this crime of khalwat,” he was quoted as saying by Sinar Harian. – The Vibes, February 19, 2024
