Caning Punishment In Shariah
Caning Punishment In Shariah
Definition
Caning is a common punishment in Islamic criminal law. Some people will call it as caning punishment which referring to the use of cane in whipping, while others will refers it as whipping punishment. By virtue of Syariah Courts (Criminal Jurisdiction) Act 1965, the word of whipping has been used, because whipping can be categorized as a punishment for those who are found guilty in criminal offences. On the other hand, the word of caning is more less used because caning punishment is more lighter than whipping punishment and it is normally occur in school. Whipping or caning punishment which under the Syariah law does not aim at causing the offender to suffer any cuts or bruises. Nor does it aim at leaving
…show more content…
At first instance, the Deputy Syariah Public Prosecutor (DSPP) must make an application to register the case in Syariah Court and the Registrar shall review the application on whether the Court has jurisdiction to hear this criminal case. If the case have been met with all the prerequisites, the court will approved the application. The requirement is the offences must be committed by a person who had professing Islamic religion. Others than that, the offence is within the jurisdiction of the court and the maximum punishment is more than three thousand Ringgit Malaysia or imprisonment more than two …show more content…
In carrying out the Syariah whipping sentence, the prison authorities will refer to the Syariah Criminal Procedure Act (Federal Territories) 1997 (SCPA) and also the Standard Operating Procedure (SOP) which in turn will clarify any ambiguity in the procedures as stated under the SCPA.
The SCPA does not contain any discriminatory whipping procedures on male and female offenders. The only different is the whipping of a male offender shall be inflicted in a standing position, while the female offender will be whipped in a sitting position.[ S. 125(3)(i), Syariah Criminal Procedure Act (Federal Territories) 1997] The female offender shall sit on the stool provided by the Prison Department. If the female offender is pregnant, the execution shall be postponed until the end of two months after delivery or miscarriage.[ S. 125(3)(b), Syariah Criminal Procedure Act (Federal Territories)
Comparing The Chattel Slavery And The Colonial Penal System
213 Words | 1 PagesIt would be impossible to understand women’s imprisonment without looking back to its history. During the sixteenth century English jails were in awful conditions, there was no segregation of inmates. Men, women, children, the mentally ill, physically sick, the serious offenders and the petty offenders were all housed in the same place (Moynahan and Stuart, Pg. 4). Slavery and the Colonial Penal System were a period when America was being colonized; an era when not only the rules of religious and secular beliefs rule, but also of the rules of slavery. Blacks were being sold to slavery.
How Did King George III Change Throughout The Book Of 1776
936 Words | 4 PagesMen were flogged, whipped, and even run out of town for
Indentured Servants In The 17th And 18th Century
825 Words | 4 PagesCorporal punishment towards indentured servants was expected for those who broke the rules. However, some servants were beaten so severely they died later that day. Masters were rarely punished for killing or severely injuring their servants. If indentured servants ran away to escape their horrible conditions, they
ECS 306 Initial Self Assessment
909 Words | 4 PagesMy feelings regarding spankings are inappropriate because it models aggressive behavior in young children. 8. Spankings should be administered with care. 9. Corporal punishment is the use of physical force causing pain, but not wounds, as a means of discipline; such as spanking, shaking, slapping hands and etc.
Incarceration In The 18th Century
553 Words | 3 Pages1. Before the rise of imprisonment there were a number of alternatives to incarceration that were being used. These alternatives include; flogging, which is historically, the most widely used of physical punishment. The bible mentions instances of whipping, and Christ himself was scourged. Whipping was widely used in England throughout the Middle Ages, and some offenders were said to have been beaten as they ran through the streets, hands tied behind their backs.
Should Child Soldiers Be Covered?
713 Words | 3 PagesIn an article it stated,In some conflicts, girls are raped, or given to military commanders as "wives." it also stated that,Children accused of the slightest infractions may be subject to extreme physical punishments including beating, whipping, caning, and being chained or tied up with rope for days at a
Abuse In Southern Slavery
523 Words | 3 PagesMasters used these forms of physical abuse to ensure submission. The slaves would not act out because they did not want to experience the
'Slavery Exposed In Octavia Butler's Kindred'
996 Words | 4 PagesSlavery was a long, slow process of dulling. Slaves had the constant fear of physical violence, the threat of losing the ones they love, and endured a life of always being treated as subhuman. One way that slavery dulled those in its grip was the constant fear of physical violence. Their masters could hurt or kill them at any moment and there’s nothing they could do. Dana explains how whippings were
Determining Guilt Or Innocence In Medieval Times
973 Words | 4 PagesThe medieval times were very barbaric times beginning in 500 CE and continuing to 1500CE. In the medieval era, there were many different forms of punishments such as ‘The rack’, ‘the iron balls’ and ‘quartering’. During this era, there were also many ferocious means of determining guilt or innocence such as ‘trial by ordeal’ and ‘the judicial duel’. In medieval times, determining guilt or innocence experienced several changes and several continuities.
Gender Disparities In The Criminal Justice System
1377 Words | 6 PagesWhen critically analysed, the system derives its justification from the consistency but not the uniformity in sentencing. Key among them is the circumstances leading the offender in the crime. The magistrate therefore looks at the factors that differentiate men and women before reaching at any sentence. However, it is important to exercise fairness and where the magistrate feels weighed down by the accused person’s (women) primary responsibilities to involve child welfare services before issuing a
Spanking Persuasive Speech
954 Words | 4 PagesSpanking is a type of physical punishment involving the act of striking another person to cause pain, generally with an open hand. More severe forms of spanking, such as switching, paddling, belting, caning, whipping, and birching, involve the use of an implement instead of a hand. Parents tend to spank their child to discontinue an undesired behavior. Throughout history there have been many forms of punishment, such as spanking, grounding, and timeouts. However, have you ever thought about the way it affects a child’s life?
Psychological Theories Of Child Abuse And Crime
2401 Words | 10 Pages"Child Abuse and Neglect" says that Physical abuse can include "striking a child with the hand, fist, or foot or with an object, burning, shaking, pushing, or throwing a child; pinching or biting the child, pulling a child by the hair or cutting off a child’s air." However, physical abuse is considered to be a use of punishment in wrecked as well as normal families such as the use of physical force with the intent of inflicting bodily pain, but not injury, for the purpose of correction or control or discipline. Yet, there is a thin line between physical punishment and abuse which many parents seem to lack notice of. "Child Abuse and Neglect" explains that the level of force used by an angry or frustrated parent can easily get out of hand and lead to injury. Emotional or verbal abuse is one of the worst forms of mistreatment due to its invisibility.
Thesis Statement On Physical Punishment
717 Words | 3 PagesI. Introduction A. P. J. O 'Rourke once said “Everybody knows how to raise children, except the people who have them” (O’Rourke, Pg.10). Parents always want their children to be better than what they used to be when they were at their age; that is why they care about every detail in their children’s life especially when it comes to behavior, obeying them and listening to their words. B. Background Information: i. People came to realize that physical punishment is a rough, atrocious, unacceptable mean of punishment that should be banned for its appalling, horrifying effects. ii. Facts about physical punishment (sources used) 1.
History Of Corporal Punishment
1739 Words | 7 PagesIn 1996, the use of corporal punishment in schools was also declared unconstitutional. It was prohibited by the South African Schools Act, 1996. After this decision, the only remaining form of legal corporal punishment in South Africa was parental corporal punishment. According to current South African common-law, parents may “inflict moderate and reasonable chastisement on a child.”
More about Caning Punishment In Shariah
The Whipping Man Matthew Lopez Full Text
1345 Words | 6 PagesComparing The Chattel Slavery And The Colonial Penal System
213 Words | 1 PagesHow Did King George III Change Throughout The Book Of 1776
936 Words | 4 PagesIndentured Servants In The 17th And 18th Century
825 Words | 4 PagesECS 306 Initial Self Assessment
909 Words | 4 PagesIncarceration In The 18th Century
553 Words | 3 PagesShould Child Soldiers Be Covered?
713 Words | 3 PagesAbuse In Southern Slavery
523 Words | 3 Pages'Slavery Exposed In Octavia Butler's Kindred'
996 Words | 4 PagesDetermining Guilt Or Innocence In Medieval Times
973 Words | 4 PagesGender Disparities In The Criminal Justice System
1377 Words | 6 PagesSpanking Persuasive Speech
954 Words | 4 PagesPsychological Theories Of Child Abuse And Crime
2401 Words | 10 PagesThesis Statement On Physical Punishment
717 Words | 3 PagesHistory Of Corporal Punishment
1739 Words | 7 Pages