The Malaysian Bar Council urges the government to amend laws permitting public flogging, arguing that it violates human rights and is counterproductive to rehabilitation.
The Malaysian Bar Council urges the federal and Terengganu state governments to review and amend laws permitting public flogging to ensure they are balanced and fair. President Mohamad Ezri Abdul Wahab acknowledges the importance of upholding laws that preserve public morality and social harmony. However, he stresses that these punishments must also comply with principles of the rule of law, the Federal Constitution, and human rights .
The Malaysian Bar calls on the Terengganu state government and the federal government to reconsider the practice of public flogging by reviewing and amending the laws that allow for this punishment to ensure it is balanced, restorative, and respects human dignity. They also urge the complete abolition of flogging in Malaysia. The justice system should strive to balance morality, mercy, and the rule of law, Ezri emphasizes. He argues that public flogging exacerbates the humiliation and suffering of the punished individual, making them objects of public shame, which undermines the true purpose of punishment, which is to encourage rehabilitation and remorse. This, he says, violates Article 5 of the Federal Constitution. Ezri also asserts that public flogging exceeds the limits set under the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), which defines the maximum penalties that Syariah courts can impose nationwide. While Act 355 allows for flogging as a punishment, it does not specify that it should be carried out publicly, he clarifies
Public Flogging Malaysian Bar Human Rights Law Amendment
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