Historical background of caning in Syariah
Canning is also known by other alternatives terms, for example, whipping and flogging are among the various terms used to refer to the act which is like canning. According to a law dictionary, in Arabic it can be called as Jalada, which means to strike with repeated strokes, as with a strap, rod or a lash
In Malaysia, the religion of Islam is spread by Indian traders from the West Asia significantly during the era of Malacca Sultanate. Consequently, Islam slowly became the state religion of Malacca. Islam was enforced together with the existing Malay customary law. During this time, Islamic criminal law was administered according to the Syariah law and the criminal offender was punished based on Islamic punishment.
According to the Syariah law, the Islamic
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As for the drinking of wine, it can be seen in the sunnah where the Prophet commanded the Muslims during his lifetime to whip a person who drank intoxicants.
Although the canning punishment is of had in nature, it is also considered the major punishment in ta’zir crimes based on the Al-Quran and also the Sunnah.
For instance, the Al-Quran stated that as those women on whose part you fear disloyalty and ill-conduct, admonish them (first), (next), refuse to share their beds, (and last) beat them (lightly) This quranic verse will apply to women who commit Nusyuz which is disobedience to their husband. And beating lightly as a punishment is considered as whipping or canning.
Besides, in a Hadith, the Prophet said “Teach your child prayer at the age of seven, and beat him if he fails to do so at the age of ten”. This implies that canning or whipping is applicable as ta’azir
When a criminal was branded, a mark was burnt into their skin used more for an identification mark rather than a punishment (Schrader). Capital punishments were often used in the Renaissance era. The most common of these punishments was hanging. When a criminal was receiving a punishment, they were often stripped of their clothing to show shame to the public (Schrader).
hammed. Byzantine and the Muslims worlds were the very first in the western world to base their governing off of their monotheistic beliefs. The religion of Islam began in Mecca, however the beginning of the Muslim period started with Mohammed’s voyage from Mecca to Medina. The religion quickly spread from India to Spain.
Another well used practice was ‘The Chair of Torture’ or also known as Judas Chair. This torture or punishment was to also extract confessions. Someone with five hundred to one thousand spikes being split into their skin, while the rupturing of the skin is not greatly entered. Meaning not hitting any vital organs, but also the wounds closed to delay blood loss, causing the victim to bleed, slowly and finally die in about a week or so.
Over the centuries, the most common form of punishments have been torture, mutilation, branding, public humiliation, fines, forfeits of property imprisonment and death. These acts, and various variations on them
Because the beliefs, education and cultures of people vary so much, along with the age of the child, methods of child discipline vary widely. The topic of child discipline involves a wide range of fields such as parenting, behavioural analysis, developmental psychology, social work and various religious perspectives. Advances in the understanding of parenting have provided a background of theoretical understanding and practical understanding of the effectiveness of parenting methods.
According to the Merriam-Webster Dictionary, “child abuse” is defined as “mistreatment of a child by a parent or guardian, including neglect, beating, and sexual molestation”(Webster). “Physical abuse involves physical harm or injury to the child. It may be the result of a deliberate attempt to hurt the child, but not always. It can also result from severe discipline, such as using a belt on a child, or physical punishment that is inappropriate to the child’s age or physical condition” (Child Welfare Information Gateway).However, parents look to justify their actions through the bible by saying “spare the rod spoil the child”. “But there is a big difference between using physical punishment to discipline and physical abuse. The point of disciplining children is to teach them right from wrong, not to make them live in fear” (Child Welfare Information Gateway).
Throughout history, domestic violence has been prominent; Wife beating became an issue in 736 B.C, when men were beating their wives as a form of punishment. “Early settlers in America based their laws on an Old-English common-law that explicitly permits wife-beating for correctional purposes. The states tried to break away from that law by saying that the husband is only allowed to whip his wife with a switch no bigger than his thumb.” (icadvinc.com). In 1866 the first organizations made to help battered women was The American Society for the Prevention of Cruelty of Animals and The Society for the Prevention of Cruelty of Children. Alabama was the first state to rescind the right to beat your wife in 1871, but Maryland was the first state to make a law that gave a punishment to any husband that beat their wife in 1882. In addition, in 1867 the state of Maine was one of the first states to open up a shelter for battered women. In the 1950’s women were able to rise up because of all the change that was going on with the civil rights movement, and anti-war campai...
...o Southern China in the 14th and 15th centuries. Islam was essentially spread through merchants and the sword, while Christianity and Buddhism were spread by missionaries.
...reate an abusive situational outcome. Abuse results in injury to the child (Gershoff, 2002). Although, the result of the psychological damage can be all the same in the end. It is unnecessary to physical discipline a child because of the abusive aspects of it. Many different variations of discipline have been found and that work effectively, therefore making the use of physical discipline unnecessary. The psychological results are similar to injury— they are just internal, mental injuries— the kind of injuries that can be associated with physical abuse.
We have all encountered this situation: A small child is standing in the middle of a department store throwing a complete temper tantrum demanding a toy. His mother, exasperated threatens him with time-outs and other deprived privileges, but the stubborn child continues to kick and scream. In the "old days," a mother wouldn't think twice about marching the defiant child to the bathroom and giving him a good spanking to straighten him out, but these days, parents have to worry about someone screaming child abuse. Whether or not to spank a child has become a heated issue in today's society.
Islam is a major world religion. Its origin can be traced back to 610 CE in Arabia. The basis of this religion is the revelations to the prophet Mohammad. Dissatisfied with his life, he traveled to deserts, hills, and the wilderness surrounding Mecca, where he lived, to meditate and reflect. He became a new man through his revelations, which many of his followers believe Allah transmitted to him through his angel Gabriel. Islam was originally an Arab religion, but many different beliefs and practices were added to it, making it extremely popular and aiding in its rapid spread. This new religion spread to many different areas surrounding Arabia, both under Mohammad and after his death. The Muslim Empire grew to encompass Spain and the Eastern Roman Empire as well Persia and Africa. Many different practices and methods were used to spread Islam. The religion itself was appealing to, in addition to the inhabitants of Arabia, other people in the surrounding areas because of its distinct religious beliefs and practices, such as the five pillars, as well as the humility and prayerfulness of the Islamic people. They fought cruel, vicious wars with their enemies. Many different things motivated the warriors to expand, but above all, the riches they would gain from the people of the Fertile Crescent encouraged them to expand.
Spanking is the most used, traditional form of physical punishment, consisting in a beating applied on the buttocks. It involves striking the buttocks repeatedly, usually as a physical punishment, with an open hand. Spanking can also be implemented including belts, whips, rods, paddles, or any other household item.
Ahmed, Muhammad Saleem. “Islam in southeast Asia: A study of the emergence and growth in Malaysia and Indonesia.” Islamic Research Institute 19 (1980) : 134-138. JSTOR. Web. 29 March 2014.
There are many forms of domestic violence but the more prevalent types that I will discuss are physical abuse, verbal abused, psychological abuse, sexual abuse, social abuse and economical abuse. Every nine seconds, a husband physically abuses his wife in the U.S. (Schwartz & Scott, 2003). Physical abuse is any action that is taken against another person that inflicts pain and harm in order to control or intimidate whether in public or private. Pushing, slapping, punching, biting, kicking are just so...
I think in order to uphold the justice of Malaysia, a part of the morality should be mandated by law, but another part of morality cannot be mandated to the law. This is because as mentioned above, moral's right or wrong cannot be clearly measured, it is based on personal conscience. However, the law can be clearly measured whether a person makes mistakes and will be punished according to law. However, we cannot include all moral principles in the law. This is because if we include all moral in the law, it may become illogical and unnecessary. For instance, Immanuel Kant is a philosopher and he says law adjusts people's external relations, while morality