"If caning could be an offence, what about children who abuse their parents?"

The recent introduction of a new Act to replace the Child Act 2001 has ensured the protection of childrens' rights against their parents. But, questions are now being asked about the parents' rights against their children.

This issue was raised by an Islamic scholar, Dr Fathul Bari Mat Jahaya who also defended the act of caning by parents as long as it does not mentally abuse or physically bruise them.

Speaking to Astro AWANI, he said there were many cases today where children tend to be rebellious towards their parents, even hurling abusive words to them, and not to mention cases of parents being sent to old folks home.

"Instead of just drafting an Act protecting the rights of children, why not we come up with a law that protect the parents' rights as well?"

"Why are we not discussing about this? Are we becoming like western countries where the people constantly travel and abandon their parents when they're old?" asked Fathul who is also an UMNO Youth Exco member.

He said even in the recent nationwide flood, many children did not go back and visit their parents who were flood victims at their hometown.

Commenting about the proposed law which could criminalise the act of caning by parents, Fathul said it is permitted in Islam if the objective is to educate them.

He quoted a Hadis (words of Prophet Muhammad) by Abu Daud which said: "Command your children to pray when they become seven years old, and beat them for it (prayer) when they become ten years old; and arrange their beds (to sleep) separately."

However, Fathul said the 'beating' must not be physically abusive, or on sensitive areas such as the private part and face, or by dangerous and filthy objects, or even humiliating in nature which can lead to mental injury as these are strictly prohibited by Islam.

On Saturday, Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim had said caning a child could be an offence under the new Act, which is expected to be tabled in Parliament by June at the latest.

However, in statement on Sunday, the Ministry clarified that not all caning will be criminalised, adding that caning would be deemed a criminal act only if it inflicted physical or mental injury.

The draft of the new proposed law is expected to place greater emphasis on the negligence of parents in caring for their children.

Currently, the penalty for child abuse is a fine of up to RM20,000 or a jail term of up to 10 years and for child neglect, it is a fine of up RM5,000 or jail term not exceeding two years, upon conviction.