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Malay Muslims caned for drinking

June 15, 2005 14:16 IST
Two Muslim men were fined and sentenced to 6 lashes of a rattan cane each for drinking alcohol at a restaurant in the eastern Malaysian state of Pahang, a news report said Wednesday.

Brothers Mohamad Nizam Ibrahim and Mohamad Nasha Ibrahim had pleaded guilty expecting to be let off with a fine, the New Straits Times said. The men were shocked when the Islamic Sharia High Court sentenced them to a 5,000 ringgit (US$1,316) fine and six strokes of the cane, the report said.

Judge Abdul Rahman Yunus said the punishment was to serve as a warning to Muslims not to commit the offense.

The men were caught by Islamic Religious Department officials in August last year. Muslims are not allowed to drink alcohol, although authorities seldom punish offenders so strictly.

Those who are caught are usually let off with a fine but can be jailed for up to three years, the report said. The brothers have been released on bail and have said they will appeal the sentence.

Nearly 60 percent of this Southeast Asian country's 26

million people are Malay Muslims.

There are also large Chinese and Indian minorities, mainly comprising Buddhists, Christians and Hindus. Muslims are subject to Islamic court rulings on non-criminal offenses and religious matters.

A holdover of British colonial days, caning is a standard punishment for more than 40 crimes in Malaysia, ranging from sexual abuse to drug use. Administered with a thick rattan stick, it splits the skin and leaves scars.

But Malaysian Sharia Lawyers Association president Muhamad Burok argued that there were no provisions on how the caning should be carried out according to Islamic law, and the court should first specify the regulations, such as thickness of the cane and how high it could be lifted during the whipping.

"Caning the Islamic way is different from the civil law way," Muhamad said. "And for the moment there is no regulation on how it should be done."

Other lawyers, however, said the judge had the authority to specify how caning should be executed on a case-by-case basis.

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