CANING CHILDREN IN MALAYSIA: AN ANALYSIS FROM THE SUNNAH PERSPECTIVE
BY
ASMA’ MOHD HAFIZ
A dissertation submitted in fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage (Qur’Én and Sunnah Studies)
Kulliyyah of Islamic Revealed Knowledge and Human Sciences International Islamic University Malaysia
FEBRUARY 2018
ABSTRACT
This research seeks to identify the ÍadÊth on caning as an essential guideline for raising children all over the world. Many Muslims use physical punishment on their children based on the Prophetic tradition that children should be beaten at the age of 10 if they are indifferent to prayer. In Malaysia, child caning is a common practice in disciplining children and may lead to child abuse. Pronouncements from the Ministry of Women, Family and Community Development have raised debate among Malaysians about caning. There is a need to understand the ÍadÊth in which it inspired parents to discipline children through physical punishment. Therefore, this research addresses misunderstandings concerning the caning of children and analyses whether the practice of child caning in Malaysia is in line with the Prophet’s Sunnah. This research will allow contemporary Muslim societies, especially parents, teachers and children, to better understand their rights and responsibilities. Hence, the qualitative method was selected as the research methodology. The methodology consists of the critical analysis method to collect ÍadÊth related to caning. The content analysis method was used to understand the meaning behind them. The study also employed the comparative analysis method to compare the Malaysian practice of child caning with the Prophetic guidance on caning. In conclusion, the study will look into the caning debate among Malaysians and compare contemporary Malaysian practices and Prophetic guidance on caning.
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ملخص البحث ABSTRACT IN ARABIC
يسعى هذا البحث إىل التعرف على األحاديث النبوية املتعلقة ابلضرب بوصفها دليالً أساسيًّا لرتبية األطفال يف مجيع أحناء العامل. معظم و املسلمني يستخدمون العقاب البدين لرتبية أوالدهم بناء ً على حديث النيب أن األطفال جيب أن يتعرضوا للضرب يف سن العاشرة، إذا كانوا مرتددين يف أداء الصالة. ويف ماليزاي، يعد ضرب األطفال ابلعصا ممارسة ً شائعة ً لتأديب األطفال، وقد يؤدي إىل إساءة معاملة األطفال. وقد أاثرت التصرحيات الصادرة من وزارة الشؤون النسائية واألسرية وتنمية اجملتمع جدالً بني املاليزيني ح ول الضرب. وهناك حاجة لفهم السياق الذي طالب فيه النيب الوالدين بتأديب أوالدهم من خالل العقاب البدين. ولذلك، هذا البحث يعاجل سوء الفهم فيما يتعلق بضرب األطفال، وحيلل ما إذا كانت ممارسة ضرب األطفال يف ماليزاي تتماشى مع وجهة نظر احلديث النبوي. وسيتيح هذا البحث للمجتمع املسلم، خاصة اآلابء، واملعلمني، واألطفال، فهم حقوقهم ومسؤولياهتم بشكل أفضل. وبناءً عليه، يتم اختيار األساليب النوعية بوصفها منهجيةً للبحث. وحتتوي هذه املنهجية على طريقة التحليل النقدي جلميع األحاديث املرتبطة ابلضرب. وقد استخدم الباحث طريقة حتليل احملتول لفهم املعو وراءها. كما يستخدم البحث طريقة التحليل املقارن يف مقارنة املمارسة املاليزية لرتبية األطفال مع التوجيه النبوي للضرب. ويف اخلتام، سينتظر البحث يف نقاش قضية الضرب بني املاليزيني وخمتلف املمارسات املاليزية املعاصرة والتوجيه النبوي ابلضرب.
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APPROVAL PAGE
I certify that I have supervised and read this study and that in my opinion; it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Master of Islamic Revealed Knowledge and Heritage (Qur’an and Sunnah).
…………………………………….. Nurul Jannah Zainan Nazri Supervisor
…………………………………….. Roudlotul Firdaus Fattah Yasin Co-Supervisor
I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Master of Islamic Revealed Knowledge and Heritage (Qur’an and Sunnah). …………………………………….. Juliana Examiner
…………………………………….. Jinap Examiner
This dissertation was submitted to the Department of Qur’an and Sunnah and is accepted as a fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage (Qur’an and Sunnah).
…………………………………….. Radzwan Jamal Elatrash Head, Department of Qur’an and Sunnah
This dissertation was submitted to the Kulliyyah of Islamic Revealed Knowledge and Human Sciences and is accepted as a fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage (Qur’an and Sunnah).
…………………………………….. Mohammad Abdul Quayum Dean, Kulliyyah of Islamic Revealed Knowledge and Human Sciences
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DECLARATION
I hereby declare that this dissertation is the result of my own investigation, except where otherwise stated. I also declare that it has not been previously or concurrently submitted as a whole for any other degrees at IIUM or other institutions.
Asma’ Mohd Hafiz
Signature…………………....………. Date …….……………….
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COPYRIGHT
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH
CANING CHILDREN IN MALAYSIA: AN ANALYSIS FROM THE SUNNAH PERSPECTIVE
I declare that the copyright holder of this dissertation are jointly owned by the student and IIUM.
Copyright © 2018 Asma’ Mohd Hafiz and International Islamic University Malaysia. All rights reserved.
No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below
1. Any material contained in or derived from this unpublished research may be used by others in their writing with due acknowledgement.
2. IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes.
3. The IIUM library will have the right to make, store in a retrieved system and supply copies of this unpublished research if requested by other universities and research libraries.
By signing this form, I acknowledged that I have read and understand the IIUM Intellectual Property Right and Commercialization policy.
Affirmed by Asma’ Mohd Hafiz
……..…………………….. ……………………….. Signature Date
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DEDICATION
This dissertation is dedicated to my beloved parents
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ACKNOWLEDGEMENTS
My profound gratitude to Allah Almighty, the Most Merciful, Peace and Blessing of Allah upon His Messenger Prophet Muhammad , his family, companions and those whose follow his path. All praises and glory to Allah alone for giving me health and the opportunity to complete my dissertation and studies.
My sincere appreciation goes to both of my parents Mohd Hafiz Abdul Rahman and Meriam Ahmad for whom this dissertation I dedicated to. Thanks to their du’a and great support morally and financially I was able to finish my studies. Thanks to my mother who kept believing that I could do more than I can and let me experience the Master’s student world. Thanks also to all my family and siblings for their du’a and time.
My deepest gratitude to my supervisor Dr. Nurul Jannah Zainan Nazri for her patience and understanding in assisting me to complete my dissertation. Special thanks also go to my co-supervisor Dr. Roudlotul Firdaus Fattah Yasin for her helping from the beginning to the end. My appreciation also goes to Prof Israr Ahmad Khan for his assistance and advice. I also would like to thank all of the IIUM lectures, especially the Qur’an and Sunnah Department, for their direct and indirect support and IIUM staff for their service and assistance.
My gratitude to the Ms. Sahsa Surandran from UNICEF, Perbadanan Perpustakaan Awam Kedah (PPAK) and Mr. Mohd Fakhrul Che Hamza from the Ministry of Women, Family and Community Development for their time and effort to provide me resources.
My utmost gratitude goes to all of my friends, especially for those who took the same path as me, including Sr. Nurul Syuhada, Sr Nurul Imani, Sr. Sariana, Sr. Wan Hazwani, Sr. Hazwani, Sr. Mardhiyah, Sr. Sazwana, for their endless encouragement from the beginning until the end. My thanks to Mr. Effizul Azran for his support and Mr. Zamani Othman for helping me in the beginning.
Lastly, I am thankful and grateful also to those who have been helping me directly and indirectly. May Allah bless you and grant all of you the best rewards now and in the hereafter.
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TABLE OF CONTENTS
Abstract ...... ii Abstract in Arabic ...... iii Approval Page ...... iv Declaration ...... v Copyright ...... vi Dedication ...... vii Acknowledgements ...... viii List of Tables ...... xi Table of Transliteration ...... xii
CHAPTER ONE: INTRODUCTION ...... 1 1.1 Introduction...... 1 1.2 Statement of the Problem ...... 4 1.3 Significance of the Research ...... 4 1.4 Research Questions ...... 4 1.5 Research Objectives...... 5 1.6 Literature Review ...... 5 1.7 Scope of Study ...... 9 1.8 Research Methodology ...... 9
CHAPTER TWO: PHYSICAL PUNISHMENT OF CHILDREN FROM A HUMAN RIGHTS PERSPECTIVE ...... 11 2.1 Terminology ...... 12 2.1.1 Definition of Corporal and Physical Punishment ...... 12 2.1.2 Definition of Physical Abuse ...... 15 2.1.3 Definition of Child Caning ...... 16 2.2 Legal Perspective ...... 18 2.2.1 History of Children’s Rights ...... 18 2.2.2 Convention on the Rights of the Child...... 20 2.2.3 Physical Punishment in Sweden and United States ...... 21 2.3 Effects of Child Caning from a Human Rights Perspective ...... 24 2.3.1 Physical Effects ...... 24 2.3.2 Emotional Effects ...... 25 2.3.3 Cognitive Effects...... 25 2.3.4 Children-Parents Relationship ...... 27 2.3.5 Children Behavior ...... 28
CHAPTER THREE: CANING CHILDREN ACCORDING TO A SUNNAH PERSPECTIVE ...... 31 3.1 Sunnah Perspective on Physical Punishment ...... 32 3.1.1 Hadith on Physical Punishment ...... 33 3.2 Prophetic Method on Disciplining the Children ...... 37 3.2.1 Correcting Mistake Through Guidance and Example ...... 38 3.2.2 Correcting Through Warning ...... 39 3.2.3 Correcting Mistakes Through Physical Punishment ...... 40
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3.3 Prophetic Method on Physical Punishment ...... 40 3.3.1 The Method of Beating ...... 41
CHAPTER FOUR: THE PRACTICE OF CHILD CANING IN MALAYSIA AND THE SUNNAH’S PERSPECTIVE ...... 44 4.1 Caning Children in Malaysia ...... 45 4.1.1 Parenting Issues in Malaysia Today...... 45 4.1.2 Debate of Child Caning in Malaysia ...... 47 4.2 Caning Practice at Home, School and Legal Institutions ...... 52 4.2.1 Caning Practice at Home ...... 52 4.2.2 Caning Practice at School ...... 52 4.2.2.1 Types of Offense ...... 54 4.2.2.2 Process of the Punishment ...... 54 4.2.2.3 Types of Punishment ...... 55 4.2.2.4 The Implementation of Caning ...... 58 4.2.3 Caning Practice at Legal Institutions ...... 58 4.2.3.1 The Implementation of Caning ...... 59 4.3 An Analysis on Child Caning Practice in Malaysia from a Sunnah’s Perspective ...... 60 4.3.1 Eligibility to Execute Caning ...... 61 4.3.2 The Age ...... 62 4.3.3 The Tools and Its Condition ...... 63 4.3.4 Parts of the Body ...... 64 4.3.5 The Number of Caning ...... 65 4.4 The Implementation of Child Caning in Malaysia ...... 66 4.4.1 Examples of Caning Abuse in Malaysia ...... 68
CHAPTER FIVE: CONCLUSION & RECOMMENDATIONS ...... 73
REFERENCES ...... 77
APPENDIX A: LAW OF MALAYSIA: ACT 611 (CHILD ACT 2001) ...... 89
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LIST OF TABLES
Table 4.1 The Rule of Caning Implementation at School and Legal Institutions 66
Table 4.2 Reported cases in the newspaper in 2013 68
Table 4.3 Reported cases in the newspaper in 2014 69
Table 4.4 Reported cases in the newspaper in 2015 70
Table 4.5 Reported cases in the newspaper in 2016 71
Table 4.6 Reported cases in the newspaper in 2017 72
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TABLE OF TRANSLITERATION
N ن Gh غ Sh ش Kh خ ’ ء
H ه F ف Î ص D د B ب
W و Q ق Ì ض Dh ذ T ت
Y ي K ك Ï ط r ر Th ث
L ل Ð ظ z ز J ج
M م Ñ ع s س Í ح
Short Vowels Long Vowels É َ + ا a َ Ê َ + ي i َ Ë َ + و u َ
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CHAPTER ONE
INTRODUCTION
1.1 INTRODUCTION
Children constitute a highly valuable asset of a family, community and nation. They need to be trained and educated in the best way possible. Parents, elders, teachers and the community at large are responsible for an all-round development of children, who are the future of the nation that they belong to. Training and education of children involve, among other things, disciplining them. One of the well-known methods of children-disciplining in Malaysia is caning. Malaysia has two legal systems, civil and sharÊ’ah, which allow caning for disciplining children.
The Ministry of Education Malaysia has introduced caning in the Educational
(School Discipline) Regulations as a disciplinary act.1 However, it is convoluted because Malaysia has ratified the Convention on the Rights of the Child (CRC), one of the organizations under the United Nations that is responsible for children’s rights, in 1995 that upholds its commitment to the welfare and protection of children. In fact, it has consented to a number of conditions in the form of reservations about the CRC
Articles 1, 2,7,13,14,15, 28 (1a), and 37 to the provisions of the CRC2 which comprises of 54 Articles pertaining to children’s rights. Article 37 states that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.3
1 C.Farrell, “Corporal Punishment in Malayisa,” World Coporal Punishment Research,
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In Malaysia, the issue of child caning had surfaced for debate and discussion among the public in the wake of a jail sentence for a Malaysian Muslim couple in
Sweden who were indicted for hitting their four children on several occasions since
September 15, 2010 until December 2013. The father was sentenced to 10 months in prison while the mother was sentenced to 14 months for the same offense.4 After this incident, the Ministry of Women, Family and Community Development (MWFCD) in
Malaysia made a statement that child caning would be made a criminal offense, if the
Child Act 2001 was amended. It triggered a debate in the society. The Malaysian public, several government ministries in Malaysia, and Non-Governmental
Organizations (NGO) had protested against the proposal and demanded its review5 on the grounds that caning is commonly used as a method to discipline children in
Malaysia.
Caning children is a global phenomenon throughout the world, especially in third world countries especially the Muslim countries. Societies in the world consider it the most effective way to discipline children, who are the future of a nation. But due to a number of researches made by scholars and non-governmental organizations in this respect, Sweden and Germany had decided to ban child caning due to it negative effects on children. According to UNESCO, caning is banned in many countries
intended to cause some degree of pain or discomfort, however light it is. For example: hitting, smacking, slapping, spanking, kicking, and etc. It involves either using object or not to the children. The convention had also defined a child as every human being below the age of 18 years old. See: Committee on The Rights of The Child, “General Comment No.8 2006”,
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because it is considered cruel, inhumane and degrading.6 Research has shown that
82% of parents agree that physical punishment brings negative effects on children, although it is a good corrective measure.7 The world community is divided into two camps, one favoring child caning while the other demanding a total ban on it. It seems that these two approaches represent two extremes. There must be a middle way on the issue.
In this controversial situation, Malaysian Muslim parents face a dilemma over the issue. They are in the view that the Prophet exhorted the believers to discipline the children by using physical punishment method. The basis for this claim is the following Prophetic tradition:
»مروا أوالدكم ابلصالة وهم أبناء سبع سنني واضربوهم عليها وهم أبناء عشر سنني وفرقوا بينهم يف املضاجع«
“Command your children to pray when they reach the age of seven. When they turn ten years old, if need be, punish them physically to inspire them to pray. And let them sleep separately from one another”.8
This is an authentic ÍadÊth. Many Muslims consider caning as the best way to discipline their children. People who have scanty knowledge about Islam may also jump onto the bandwagon and castigate Islam for its alleged violence towards children. The world media have found in such view, a means to criticize Islam. This study will suggest far more valid explanation of child caning and gauge whether the practice of caning in Malaysia is in line with the Prophetic teachings.
6 Damien Mulinga Mbikyo, “Views and Controversies on Physical Punishments in Education”, Rwandan Journal of Education, vol. 1, no. 1 (2012): 31. 7 Mbikyo Mulinga Damien, “Attitudes of Stakeholders Towards Physical Punishment on Pupils of International and National Schools in Kampala District, Uganda”, World Journal Education, vol. 2, no. 1 (2012): 100. 8 AbË DÉ’Ëd SulaymÉn bin al-Ash‘ath al-SijistÉnÊ, Sunan AbË DÉwËd (BayrËt: DÉr al-RisÉlah al- Óalamiyah 1stedn., 1430 H) Hadith 495: 367.
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1.2 STATEMENT OF THE PROBLEM
In Malaysia, one of a popular practice in disciplining children is child caning.
Unfortunately, there are reported cases of child abuse that involves caning, leading to the conclusion that this practice should be banned as a whole. Yet for Muslims around the world, including Malaysian Muslims, adhere to this practice because it is in line with the Prophetic tradition where children up at the age of ten should be punished if they are indifferent to prayer. Therefore, this ÍadÊth must be understood properly, since many parents take this method of physical punishment to discipline their children. Thus, this research aims to remove any misunderstandings pertaining to child caning since there are insufficient research conducted on this subject.
1.3 SIGNIFICANCE OF THE RESEARCH
Child caning is a common practice in Malaysia whereby it is used as a tool to impart individual discipline. However, it might also lead to child abuse. There is yet any research conducted in this controversial area. This research is important to analyze whether the practice of child caning in Malaysia is in line with the Sunnah. It is also timely because it will give a better exposure to the contemporary Muslim society, especially the parents, teachers and children, as they will know their limits.
1.4 RESEARCH QUESTIONS
The research will address the following questions:
1. How does modern human rights convention view child caning?
2. What is child caning and its objective, according to the Prophet’s
Sunnah?
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3. Is the practice of child caning in Malaysia compatible with the Prophet’s
Sunnah?
1.5 RESEARCH OBJECTIVES
The research seeks to achieve the following objectives:
1. To study the views of the current human rights conventions on child
caning;
2. To ascertain the meaning and the type of child caning approved by the
Prophet’s ÍadÊth and its objectives; and
3. To analyze the practice of child caning in Malaysia and its compatibility
or incompatibility with the Prophet’s Sunnah.
1.6 LITERATURE REVIEW
This study will focus on the issue of child caning in the light of Prophetic traditions.
According to the researcher’s humble knowledge, there has hardly been any work on the issue. However, some works are remotely connected. From that angle, some useful works are referred to here.
“Confident Parenting” by Anne Davis, in part one: “The Question of
Discipline” based on the topic “Grasping the Nettle: To Smack or Not to Smack,” contains a discussion of this issue by using the word ‘smacking’. She discusses whether it is necessary or unnecessary to smack children for punishment. She also discusses the right and wrong ways to smack children and what should a parent or adult should do after smacking. She gives an opinion regarding parents who never smack their children. The writer agrees that it is possible to raise children without ever smacking them. It may be necessary to smack children for the sake of discipline if
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they commit a bad action, but this must be supported by reason. So, they will learn and understand that some of their behaviors are unacceptable.9
“Pendidikan Anak-Anak Dalam Islam” (Children’s Education in Islam) by
Abdullah Nasih Ulwan, as translated to Indonesian by Syed Ahmad Semait, chapter three: “Cara-Cara Pendidikan Berkesan Kepada Anak” on the topic “Pendidikan dengan Denda dan Hukuman,” contains a mention of techniques to discipline children according to Islamic principles. He also provides some guidelines on how to deal with children, including the permissibility of caning and its conditions.
He agrees that caning acts as a tool to discipline children for wrongdoing.
However, it should be as a last resort for parents to do so, as they should advise their children first. From his perspective, caning is a heavy punishment for children. The parents or adults must understand the character and behavior of their child before punishing. Every child is different. Some children can understand through advice and warning, while others need to used physical punishment, including caning, to make them understand that their behavior is unacceptable.10
“Mengapa Rotan Tidak Berkesan” (Why Is Caning Ineffective) by Mohd
Rashid bin Mohd Saad is written in Bahasa Malaysia. In this book, the author discusses caning as a punishment at school. Research on discipline matters as performed all over the world is discussed in this book. It also discusses the reason why caning is chosen as a method to discipline the youth and why some people disagree with this method. The author also mentions the extent to which this method can help to control the discipline problem in school. He discusses some disciplinary matters among students. He gives guidelines for using a cane as punishment and provides
9 Anne Davis, Confident Parenting A Hands-on Approach to Children in Grasping the Nettle: To Smack or Not to Smack, (London: Souvenir Press Ltd, 1997). 10 Abdullah Nasih Ulwan, Pendidikan Anak-Anak Dalam Islam in Pendidikan dengan Denda dan Hukuman, translated from Arabic by Syed Ahmad Semait (Singapore: Pustaka Nasional Pte Ltd, 1988).
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another alternative. This book contains the caning guidelines provided by the Ministry of Education11 as a comparison to the lesson enshrined from the ÍadÊth.
In a book “Taking Sides: Clashing Views in Early Childhood Education” by
Karen Menke Paciorek, in chapter three, issue number 70: “Should physical punishment in school be outlawed?”, the author discusses three opinions by Paul
Ferraro, Joan Rudel Weinreich and Greg Gelpi. Paul Ferraro and Joan Rudel
Weinreich agree with the issue of physical punishment in school should be outlawed because it gives a message that violence is acceptable to give lessons to the children.
Meanwhile, Greg Gelpi disagrees with the issue because he said that physical punishment is still needed to discipline children. He also mentions that physical punishment or spanking is used as a discipline method to control wayward youth.
There are states that still allow school administrations to implement physical punishment as a method of disciplining students caught misbehaving. However, there are no Islamic theories and values provided, in which will be put forward by the current research.
In some schools and states, there are specific procedures administrating physical punishment while others had left the discussion up to the principal or teacher.
These rules concern the type of tool and how it should be applied. She also states that in some schools and states, physical punishment is being banned because it is one of the types of violence towards children. In this book, the author only briefly discusses the issue of physical punishment in school and whether it should be outlawed or not,12 while the current study will look into it from an Islamic perspective.
11 Mohd Rashid Mohd Saad, Mengapa Rotan Tidak Berkesan, (Kuala Lumpur: PTS Professional Publishing Sdn. Bhd., 2005). 12 Karen Menke Paciorek, Taking Sides Clashing Views in Early Childhood Education, (New York: McGraw-Hill, 2008).
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“Anak adalah Anugerah” (Children are a Gift) by Saat Sulaiman is written in Bahasa Malaysia. It is important for parents to understand about their children from birth through the processes of breastfeeding, instilling discipline, education, receiving an education, and securing their future life. There is one chapter that discusses how to discipline children through caning. It is mentioned that every parent must use punishment, especially caning, as a last alternative in bringing up their children. The purpose of caning is to discipline them, not to abuse. This is because many parents misuse caning and it can cause negative effects in children as they grow up. It is better for parents to find alternatives in disciplining their children, so that children will feel love from their parents. It also contains the guideline about the proper way to use the cane and when to use caning as a discipline method for children.13
The book “Children’s Rights and Human Development” by Jan CM Willem is a compilation of cases or information about children’s rights and human development. In this book, there is a sub topic on the physical punishment under chapter four with the title “Violence against children- child marriage, physical punishment and other traditional practice”. The author divides every case to different sub topics and also provides the link or reference for every case that is mentioned in the book. For example, the Netherlands has become the 17th European state to ban physical punishment by parents and caretakers, parents are being banned from smacking children, a campaign against smacking in New Zealand, and raising one’s hand against smacking. The information provided in this book was useful for the researcher to compare with the teachings of the Prophet The author has compiled all cases and information related to physical punishment from many countries such as smacking, rod, hitting, slapping, and kicking. He does not only focus on one subject,
13 Saat Sulaiman, Anak Adalah Anugerah, (Kuala Lumpur: Utusan Publication and Distributors Sdn. Bhd., 2008).
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but also focuses on the cases related to child abuse or the rights of children as a whole.14
Even though there are various studies which focus on the issue of child caning, it is difficult to find a critical examination on the child caning practice in Malaysia from the Prophetic point of view. Therefore, the current research aims at filling up the gaps by addressing the issue from a Sunnah perspective.
1.7 SCOPE OF STUDY
This study will concentrate on examining the practice of child caning in Malaysia from the Sunnah point of view, as well as determining whether it is still relevant and in line with Prophetic teaching. It will use the selected Qur’anic ayÉt and ÍadÊth recorded in al-Kutub al-Sittah (The Six Major Books of ÍadÊth: ØaÍÊÍ al-BukhÉrÊ,
ØaÍÊÍ Muslim, Sunan AbË DÉ’Ëd, Sunan al-TirmidhÊ, Sunan al-NasÉ’Ê, and Sunan Ibn
MÉjah).
1.8 RESEARCH METHODOLOGY
This research will adopt qualitative methods as follows:
1. Content Analysis Method: A research technique for making replicable and
valid inferences from data to their context.15
By using this method, the researcher will analyse the content of ÍadÊth of
the Prophet related to child caning.
2. Critical Analysis Method: The researcher will critically examine the
ÍadÊth related to the issue of caning children.
14 Jan CM Willems, Children Rights and Human Development, A Multidisciplinary Reader. (Portland: Intersentia Publishers, 2010). 15 Krippendorff, Klaus, Content Analysis An Introduction to Its Methodology, (London: Sage Publication, 1980), 21.
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3. Comparative Analysis Method: Data is kept from separate groups, as well
as the theoretical sampling driven by each group, and the data will be
saturated separately. Then, these data are compared and contrasted to
determine similarities and differences between the two groups.16
The researcher will make comparisons between child caning practice in
Malaysia with the Prophetic point of view.
16 Richards, Lyn and Janice M. Morse, Readme First for a User’s Guide to Qualitative Methods, (London: Sage Publications, 2007), 90.
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CHAPTER TWO
PHYSICAL PUNISHMENT OF CHILDREN FROM A HUMAN RIGHTS PERSPECTIVE
Even though physical punishment has been practiced all around the world since time immemorial, this practice has drawn attention all over the world since it has been linked to many child abuse cases. Consequently, Sweden is the first country to totally ban physical punishment in 1979. Based on the research conducted, particularly in western countries, physical punishment is believed to be a form of degrading and harmful punishment towards children, which consequently will affect not only the children’s emotion during their childhood, but also until they reach adulthood. This issue is considered as a serious matter by the United Nations, which has led to the formation of the Convention on the Rights of the Child (CRC) in 1989 to protect children’s rights. According to people who are against the physical punishment, this practice will lead to child abuse. After 30 years since the drafting of the United
Nations Convention on the Rights of the Child, countries like Sweden have set an example to other countries in totally prohibiting physical punishment, despite some countries still tolerating physical punishment to some degree. In this regard, such a move has made the voice of children more visible and audible, but many children are still silenced as a result of fear, and some developed countries like America are still not able to totally ban physical punishment.
Consequently, the existence of an international convention, organizations as well as increasing, continuing research by experts will increase awareness of this problem. This issue will continue to be debated as the practice of physical punishment is actually inherited from generation to generation where some parents also believe it
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is a necessary method to discipline their children while others consider physical punishment as physical abuse towards children. This chapter will discuss on the terminology related to caning, which include corporal punishment, physical punishment, physical abuse and caning of children. It will also discuss caning from legal perspectives and the negative effects of physical punishment on a child’s life and how it can influence child development.
2.1 TERMINOLOGY
This sub chapter will discuss on the familiar terminologies related to the caning of children, which are corporal punishment, physical punishment and physical abuse, which are widely used in the Western countries as well as in research. These terminologies have been defined in different ways by different experts expounding on them.
2.1.1 Definition of Corporal and Physical Punishment
Corporal punishment is a combination of two words, corporal and punishment. The term corporal punishment is often used interchangeably with other terms such as physical punishment. Therefore, this chapter will also discuss the similarity between these two terms.
Corporal is defined by the American English dictionary as bodily1 which means something related to the human body.
The root word for punishment is “punish”, which means to cause someone who has done something wrong or committed a crime to suffer for what they have done, especially by making them do something they do not want to do such as by
1 The American English Heritage Dictionary of the English Language, (United States: Houghton Mifflin Company, 4th edn., 2000), 410.
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