Close Proximity: The Need for Whipping and Alternative Sentencing

Close proximity offense is the most prevalent offence in Malaysia compared to the other syariah criminal offenses. News on the arrest of close proximity offenders are often reported by electronic and print media. Current infl ux of unresolved close proximity cases before the court clearly indicates that there are still many individuals undaunted by the existing law and its punisment. Therefore, this article identifi es problems pertaining to provision which regulates close proximity crime in Malaysia. Every state in the country has its own provisions on close proximity under their respective syariah criminal offences enactments. However this writing only discusses the provision on close proximity under Syariah Criminal Enactment (Selangor) 1995. It simultaneously discusses the sentences of jail and fi ne currently provided under the state’s syariah criminal enactment. The article then suggests that whipping and alternative punishment in the form of order to attend supervisory and religious classes should be imposed on convicted offenders. This is because such punishments are seen as the best method in ensuring that the offenders repent from committing such offense.