
If caning is gentler and lighter under shariah law, is it more justified than caning under civil law?
This seems to be PAS president Abdul Hadi Awang’s argument when the recent caning of two women in Terengganu convicted for attempted same-sex relations came under the spotlight.
Why are we looking at “crimes” and “punishments” so simplistically?
Is this what we are saying – if caning is carried out gently, it must be all right? All the other embarrassment embedded in that “gentle caning” is no longer important or pertinent.
First, what about punishment befitting the crime committed? Have we looked at the nature of each crime and whether those who committed such an act deserve caning as a punishment?
Two adults engaging in same-sex relations in private is a victimless crime.
It probably only hurts “holy” people or hypocrites.
Even if caning is light, we have largely forgotten the trauma involved. Can we ever empathise with them the shame they have to go through?
And what educational value are we providing here when we are essentially punishing people because of their human nature? Let’s do the opposite; if I ask a heterosexual man to be homosexual, can he indulge in it? If not, why then are we caning two homosexual women hoping to turn them into heterosexuals?
Second, what about caning in public? Why single out homosexual relations for public caning when punishments of more serious crimes are carried out in private? Even if caning is carried out gently, the public humiliation would have negated the “compassion and gentleness” demonstrated.
Most experts are never sure of how human sexuality works except as prescribed by certain religions. If we are not sure who is right and who is wrong, why are we so adamant in dispensing punishments on those who are different from us?
You know what; sometimes I wish those involved in policing and punishing the LBGT community may someday get a lesbian daughter or a gay son.
TK Chua is an FMT reader.
The views expressed are those of the author and do not necessarily reflect those of FMT.