Syariah Whipping v Criminal Whipping

nst.com.my; June 27, 2005

The pain is in the shame
By Aniza Damis


Whipping under Syariah law is actually rather light. It is not flogging or flaying, and broken skin is not allowed. So says Wahid, (not his real name), who metes out 100 strokes every week as a Kajang Prison whipping officer.

"Syariah whipping is more like caning naughty schoolboys. In Syariah, the punishment is not in the force of the whipping, but to bring shame."

The issue of Syariah whipping has raised a storm since two brothers were sentenced to six strokes by the Pahang Syariah court two weeks ago for drinking stout in public.

Under the Criminal Penal Code, caning is physical punishment in the strictest sense, and the officer must use as much force as he can muster.

The power behind an ordinary whipping comes from the wrist, arm, shoulder and the swing. For Syariah offences, it comes from a fairly limp wrist.

The rotan used in Syariah whippings has the diameter of a little finger, and is thinner than the one used for criminal offences, which is as thick as a thumb. The officer has also to exercise a great deal of restraint.

"In Syariah whipping, you cannot even raise your hand so high that your upper arm moves away from your armpit." An imaginary book clutched under his armpit would not drop, he said.

"Whipping convicts is much more difficult, because you really have to do it with a lot of ‘power’. The harder the better. If he holds back even one notch, the officer fails in his duty.

"That’s why all whipping officers are tall and big bodied," said Wahid, 35, who himself looks like a military commando.

He has been whipping convicted criminals for eight years. All strokes of a caning sentence must be executed in a single stretch with about 10 seconds between each. The highest number of strokes for a criminal offence is 24.

"You have to be very focused, because there is a very small area to hit. The area of the buttocks is 10 inches by 8 inches. If you don’t hit it exactly right, you might hit part of the (wood) frame.

"This will be counted as a stroke anyway; except that the prisoner has not got the full force of justice.

"And, when you have made contact with the buttocks, you must drag the tip of the rotan along the skin to break it."

Convicts are bound standing to a wooden frame to be caned. A record officer tells the whipping officer how many strokes to give and keeps count.

Syariah whipping only requires a man to stand and a woman to be seated.

Whipping officers don’t see the prisoner’s face and do not know what he is being punished for.

"I’ve been told that the first stroke is like getting an electric shock. You feel hot in the ears and eyes before the full impact of the pain hits you," Wahid said.

Some prisoners have collapsed after just one stroke, while others have been known to still take a few steps after being given the full 24.

While a Syariah whipping may be milder, it still requires a great deal of discipline and training.

"Prison officers are called to execute Syariah whippings in Kelantan because we are trained to do it."

It can be administered by a civilian, but it is not a realistic move.

"I think it would be very difficult, unless you practise often.

"Even (someone) who has witnessed whipping many times wouldn’t be able to do it properly."

A Syariah whipping would not need a great deal of accuracy, not being limited to just the buttocks. But Wahid feels that somehow, it would be an imperfect execution.

"It would be lacking in skill; in art."

So, my dear, don't worry. The whipping is mild and is like canning naughthy school girls and will be exercised with a great deal of restraint. In fact, sometimes, parents cane their children harder than the Syariah punisher.