Asri said there is no specific rule in shariah law requiring those found to be in close proximity to be publicly caned.
He said it is feared that public caning for such offences contradicts the intent of shariah law, which encourages concealing the personal shame of individuals.
“Therefore, caning someone for khalwat in public is not the law of Allah and His Messenger, but rather a choice of the ruler,” he said in a Facebook post today.
“It falls under ta’zir, which is the discretionary punishment of the ruler and may be right or wrong.
“Thus, opposing this punishment means opposing the ruler’s decision, not the teachings of Islam.
“No one should mistakenly assume that those who disagree with this punishment oppose Islam.”
Asri said while the punishment of caning, without causing injury, for adultery is mentioned in the Quran and Sunnah (way or manner of life relating to the traditions and practices of Prophet Muhammad), it comes with strict conditions and regulations.
He said the adulterous act must be witnessed by four credible witnesses, and that it is “almost impossible” to find an adulterous couple who would allow four people to witness them commit adultery unless they were doing so openly.
He also said Islam does not favour caning for adultery unless it is clear that a person is indeed an unrepentant adulterer who commits the act openly, or they themselves demand to be caned.
Asri said that according to Islam, the government is instructed to prevent personal sins from being turned into a public spectacle, adding that there are many Islamic sources on this matter if it were to be discussed in detail.
“Clearly, Islam prefers to keep personal sins between the individual and Allah,” he said.
A carpenter convicted of repeated khalwat offences was publicly caned six times in front of 90 people at a mosque in Kuala Terengganu yesterday afternoon.
Affendi Awang, 42, was the first person in Terengganu to be caned in public.
In a Facebook post yesterday, Terengganu menteri besar Ahmad Samsuri Mokhtar said the caning was conducted in full adherence to Islamic principles of justice.
He said the punishment served as a form of education, deterrence, and guidance to encourage society to align with Islamic values.
Samsuri also said the state government is committed to upholding its responsibility to ensure that all of its actions are consistent with Allah’s commands and the country’s laws.