Malaysia legislation
Section 125
of *SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES) ACT 1997
Section 125
Sentence of whipping
(2)
The whipping rod, excluding its holder, shall be of the same type and made either from rattan or small branch of a tree without segment or joint and its length not more than 1.22 metres and its thickness not more than 1.25 centimetres.
(3)
The following provisions shall be followed when executing the sentence of whipping, that is—
(a)
before execution of the sentence, the offender shall be examined by a Government Medical Officer to certify that the offender is in a fit state of health to undergo the sentence;
(b)
if the offender is pregnant, the execution shall be postponed until the end of two months after delivery or miscarriage, as the case may be;
(c)
the sentence shall be executed before a Government
Medical Officer in such place as the Court may direct or in a place fixed by the Government for the purpose;
(d)
the person appointed to execute the sentence shall be an
‘adil and mature person;
(e)
the person shall use the whipping rod with average force without lifting his hand over his head so that the offender’s skin is not cut;
72 Laws of Malaysia ACT 560
(f)
after inflicting a stroke, he shall lift the rod upward and not pull it;
(g)
whipping may be inflicted on all parts of the body except the face, head, stomach, chest or private parts;
(h)
the offender shall wear clothes according to Hukum
Syarak;
(i)
if the offender is a male the whipping shall be inflicted in a standing position, and if a female, in a sitting position;
(j)
if during the execution of the whipping the Government
Medical Officer certifies that the offender can no longer receive the strokes, the whipping shall be postponed until the Medical Officer certifies that the offender is fit to undergo the balance of the sentence.
(4)
In the case where the offender is sentenced to whipping only, then he shall be dealt with as if he is sentenced to imprisonment until the sentence is executed.
(5)
If the Goverment Medical Officer certifies that the offender, due to old age, illness or any other reason is unable to undergo the whipping sentence wholly or partly, the case shall be referred to the
Court which may order the execution of the sentence in a manner as it thinks reasonable.
Explanation—Old age means the age of fifty years and above.
Time of executing sentence of whipping