Malaysians Caned for 'Sex Out of Wedlock'

The official religion of the nation of Malaysia is Islam, but the country has long been viewed as moderate. With the rise of Islamic fundamentalism there, however, the country seems to be growing increasingly stricter. In a new development, four men and three women were caned as punishment for allegedly having sex outside of marriage.

The idea of caning a woman was shocking to many Malaysians after a Shariah court--which hears cases involving religious law--last year sentenced Ms. Kartika Sari Dewi Shukarno, 32, to be so punished for drinking beer in public. That controversial sentence had yet to be carried out, however, when three other women, along with four men, were caned following their trial and conviction by a Shariah court for sexual activity outside of wedlock, reported The Wall Street Journal in a Feb. 18 article. Though the punishment was carried out on Feb. 9, it was not made known to the public until Feb. 17.

Malaysian Home Minister Hishammuddin Hussein said that the women were caned while seated and that they were not harmed. Caning can injure and scar, and frequently does, the article said; however, in this case, said Hussein, the women were meant to be "humiliated," not injured. "I hope this will not be misunderstood, so that it defiles the sanctity of Islam. The punishment is to teach and give a chance to those who have fallen off the path to return and build a better life in the future," the Home Minister stated.

The Malaysian Bar Council's president, Ragunath Kesavan, said that the announcement was "a big a surprise. We had no idea this was going to happen." Added Kesavan, "As Shariah courts expand their reach, there is a question of jurisdication-about whether there should be corporal punishment at all. We think it is degrading, and as Malaysia evolves towards adopting international standards in other areas, we should observe international standards in legal matters, too."

But the legal situation in Malaysia is complex, because only Islamic offenders face Shariah courts. Civilian courts hear trials concerning Hindus, Christians, Buddhists, and other non-Muslims. In recent years, the country has become more fundamentalist in its Muslim identity, and the Muslim ethnic Malays, who receive preferential treatment by law, see the faith as part of their cultural--and political--identity.

As in many Muslim nations, homosexuality is illegal in Malaysia, carrying a penalty of twenty years in prison, and gays there face not only prosecution, but persecution; a Malaysian fitness center was raided several times in late 2007 and early 2008, with men being rounded up and accused of engaging in gay sex. The anti-gay animus in Malaysian society makes accusations of homosexuality an easy weapon; a prominent politician, Datuk Seri Anwar Ibrahim, was the target of a 2008 smear campaign that labeled him as being gay.