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

ii

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.

iii

البحث ملخصABSTRACT IN ARABIC

بوصفها دليلا أساسياالمتعلقة بالضرب ةيسعى هذا البحث إلى التعرف على الأحاديث النبويلتربية معظم المسلمين يستخدمون العقاب البدني و لتربية الأطفال في جميع أنحاء العالم.

إذا ،رب في سن العاشرةعلى حديث النبي أن الأطفال يجب أن يتعرضوا للض بناء أولادهم شائعة كانوا مترددين في أداء الصلاة. وفي ماليزيا، يعد ضرب الأطفال بالعصا ممارسة

وقد أثارت التصريحات الصادرة من ي إلى إساءة معاملة الأطفال.وقد يؤد ،تأديب الأطفاللوهناك حاجة ل الضرب. وزارة الشؤون النسائية والأسرية وتنمية المجتمع جدلا بين الماليزيين حو

من خلال العقاب البدني. أولادهمتأديب بفيه النبي الوالدين طالبلفهم السياق الذي ويحلل ما إذا كانت ،ولذلك، هذا البحث يعالج سوء الفهم فيما يتعلق بضرب الأطفال

وسيتيح هذا البحث . ممارسة ضرب الأطفال في ماليزيا تتماشى مع وجهة نظر الحديث النبويفهم حقوقهم ومسؤولياتهم بشكل والأطفال، ،والمعلمين ،للمجتمع المسلم، خاصة الآباء

. وبناء عليه، يتم اختيار الأساليب النوعية بوصفها منهجية للبحث. وتحتوي هذه أفضلوقد استخدم المنهجية على طريقة التحليل النقدي لجميع الأحاديث المرتبطة بالضرب.

كما يستخدم البحث طريقة التحليل المقارن تول لفهم المع و وراءها.الباحث طريقة تحليل المحفي مقارنة الممارسة الماليزية لتربية الأطفال مع التوجيه النبوي للضرب. وفي الختام، سينتظر البحث في نقاش قضية الضرب بين الماليزيين ومختلف الممارسات الماليزية المعاصرة والتوجيه

النبوي بالضرب.

iv

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

v

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 …….……………….

vi

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

vii

DEDICATION

This dissertation is dedicated to my beloved parents

viii

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.

ix

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

x

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

xi

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

xii

TABLE OF TRANSLITERATION

’ ء

N ن Gh غ Sh ش Kh خ

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

a

i

u

Long Vowels

+ ا É

+ ي Ê

+ و Ë

1

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, <http://www.

corpun.com/counmy.htm > (accessed 29 August 2015). 2 UNICEF, “CRC Resevations”, <http://www.unicef.org/malaysia/17982_crc-reservations-malaysia.

html> (accessed 27 March 2016). 3 It includes canning because it is also apart of corporal punishment. In fact, the committee of the

convention has defined corporal punishment as any punishment in which physical force is used and

2

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”, <http://www2.ohchr.org/

english/bodies/crc/docs/GC8_ en.doc.> (accessed 25 March 2016). 4 The couple is Azizul Raheem Awalludin who is also as a Tourism Malaysia director in Sweden and

his wife is Shalwati Norshal a teacher on unpaid leave have been detained for allegedly abusing their

four children in their home in Spanga, Sweden. Their children are Aisyah 14, Ammar 12, Adam 11 and

Arif 7. The incident had started when one of their children confided to the teacher at his school that his

parents hit his hand after refusing to perform prayers. This news was then passed to the counsellor, who

was also the one that had reported it to the police. 5 Utusan Malaysia, “Rotan Anak Bakal Jadi Kesalahan Jenayah”, 25 January 2015, <http://www.utusa

n.com.my/berita/nasional/rotan-anak-bakal-jadi-kesalahan-jenayah-1.52107> (accessed 27 October

2015).

3

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 أولادكم بالصلاة وهم أبناء سبع سنين واضربوهم عليها وهم أبناء عشر سنين » «وفرقوا بينهم في المضاجع

“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.

4

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?

5

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

6

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).

7

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).

8

“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).

9

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.