KUALA LUMPUR: Parents must be consulted when the new Child Act is being drawn up, a non-governmental organisation told Putrajaya, after an uproar erupted over its proposal to outlaw caning of minors.

Ikram Malaysia women’s wing chief Datin Paduka Che Asmah Ibrahim said the Women, Family and Community Development Ministry’s plan to enact a new Child Act should take into account Islamic views as well as Malaysian culture.

She added that parents and the public had to be educated to ensure the welfare of children was protected.

“Parents need to understand about disciplining and punishing their kids. Discipline means setting a limit on all aspects of life and has to be inculcated among children from young. This is aimed at ensuring a harmonious life and not to scare, or worse, abuse children,” she said in a statement yesterday.

Che Asmah said people, especially parents, needed to understand that although caning is mentioned in Islam as a form of punishment, it cannot be used arbitrarily.

Citing an example, she said caning should not be administered to minors below 10 years old.

“Caning children who are not matured in thinking and unable to comprehend the implications of their actions is a form of abuse.

“Caning should also be the last effort to discipline after all others have failed.”

She said efforts to increase awareness of children’s welfare should be done continuously and stern action has to be imposed on those found neglecting children.

Besides that, she said discussions needed to be held with religious agencies, experts in physiology and related non-governmental organisations (NGOs) to obtain a comprehensive view on the proposed law.

She added that any amendments to the new Child Act should not solely adhere to the Convention on the Rights of the Child, to which Malaysia is a signatory.

Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim’s recent statement that caning a child could be an offence under the new Act raised a storm of protests from politicians and NGOs who had pressed for a review of the proposal.

The ministry clarified that it did not mean to outlaw all forms of caning of children and that instead, the proposal would see a more detailed provision on actions, including caning, which cause physical or mental injuries to children.

“The ministry is studying and scrutinising the proposal so that the legislation will cover all acts against children causing physical and emotional injuries deemed as criminal offences which could be punishable with heftier imprisonment or fines.

“Besides, the ministry is also considering alternative punishment such as community service or counselling or parenting courses,” said the statement issued by the ministry’s corporate communications unit on Monday.

Meanwhile, Sisters in Islam said the Quran and Sunnah prioritised justice and love among families and prohibited cruelty and use of force.

“Justifying the use of force in the name of religion gives a negative image to Islam. We believe using soft approaches to discipline children is better than using force,” it said in a statement.

The NGO said Islam, as a universal religion, is flexible when it comes to changes, and this included education and children psychology. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on January 29, 2015.