Malaysia, Caning, and Beer -- Part V

Sooner or later it seems Kartika Sari Dewi Shukarno is going to feel the thud and sting of the cane. The case is an interesting test of Malaysia's claims to be a moderate Muslim nation and the acceptance of strict forms of Sharia law that impact on only certain groups within the Malaysian ethnic, cultural, and religious fabric. Shukarno has upped the ante in the case by refusing to appeal.

Once the sentence is carried out, she will become the first Muslim woman in Malaysia to be sentenced to a caning and then have the sentence imposed.

Shukarno's crime was to be a Muslim caught drinking beer in a nightclub in Pahang state. The religious court found her guilty of the crime and sentenced her to six strokes of the cane. I have written about the details of the case here.

The government stepped in and requested a review of the case because it believed the sentence to be too harsh and the press about the case could conceivably damage Malaysia's reputation as a moderate Muslim nation.

However, and perhaps in a sign of separation of powers, the religious high court in Kuantan has affirmed the lower religious court's decision and has stated in unequivocal terms that the sentence was correct and it must be imposed as handed-down.

It was also decided that a good ol' caning during the month of Ramadan was not in the spirit of the month where fasting, praying, and cleaning oneself of sins are paramount.

Islamic scholars in Malaysia have generally supported the sentence and have said in any event Shukarno is to be fully clothed and the cane is much smaller and lighter than the canes used in criminal matters. Perhaps this is meant to suggest that it is a lesser offense and hence there is a lesser punishment or it just won't hurt that much anyway, so let's get this over and done with.

Anang Hermansyah & Krisdayanti -- A Divorce Album?

There are probably stranger things that have been done in the aftermath of a divorce, but this is an interesting way to grind the axe. Anang Hermansyah, the loving ex-husband of Krisdayanti, has decided to dedicate his next 'mini' album to his former wife of 13 years. I have not heard it, and more to the point, and I am unlikely to buy it. But, it does sound like it is going to be a little melancholic to say the least.

The album supposedly tells the whole story of the sordid affair(s) that led to the divorce. All the songs are about KD and explain how Anang feels he has lost half his soul and his soul mate. I am guessing that KD does not feel the same. This is especially so since she has supposedly filed for divorce on numerous previous occasions, presumably each time after an affair.

The straw that broke the camel's back was the latest roll in the hay with a rich Timor Leste businessman. Allegedly the other party in this is Rahul Cortez.

However, the icing on the cake in this soon to be really messy divorce is that her kids accompanied dad in promoting the album and Titania Auriel Hermansyah has supposedly said the following:

“Mimi [Mom] loves to compare [our lifestyle] with [those of] her rich friends,” and

“She loves to say bad things about Dad in front of other people. We want [Dad] to find a better [mother for us].”

This is an ouch moment if I have ever seen one.

Yet, this is interesting as it had been reported that they had amassed quite a fortune over their 13-year marriage. So, it seems strange that there is any talk about financial matters. In any event, the divorce could become quite a circus as it winds through the Religious Courts.

Divorce is surely not fun, but I am not sure that I would be making a mini album or going quite so public. Then again, I cannot sing and I am not a public figure.

Krisdayanti & Anang -- Divorced Talaq Style

Krisdayanti is often referred to as an Indonesian Diva and some people might argue that she behaves like a spoilt little diva at times as well. Krisdayanti or KD as she is known was way more famous than her husband to be when she married Anang Hermansyah back in 1996. And, as it turns out she is still more famous than her husband now that they have divorced.

The divorce took place four days before Ramadan and has not been done through the religious court yet. This means that it was a talaq divorce and therefore done in accordance with Islamic principles that govern divorce.

There have been rumours that the marriage has been in trouble for years. It seems that Krisdayanti was the one with the alleged wandering eye. Maybe she was married too young and had not tested the waters enough, or sown enough wild oats or something. Anang was a little reserved on the reasons for the divorce and simply said that it was not his choice but his wife's choice, There were no qualms about targeting the kids to find out what they knew. In what is sure to be a bit of a scoop for SCTV, Titania Aurelie Hermansyah at a mere 11-years-old offerred up that one time while she was swimming mummy was in the bedroom with an East Timorese businessman. The only way this might have been more sensational was if young Titania was asked to describe the noises she heard coming from the bedroom or name the man!

However, this might go a long way to explaining why KD was in Timor Leste for the recent Independence Day celebrations and doing the jig with Ramos Horta and Xanana.

The Jakarta Globe is reporting that the divorce is going to be amicable with KD and Anang already having agreed to custody of the children and the division of their "billion-dollar" fortune (assets). I have gotta say, I always knew that KD was popular and Anang had some success, but a billion dollars is a lot of money. Even on a 50-50 split that makes each of them worth at least 500 million dollars each.

Malaysia, Caning, and Beer...

Drinking beer and being a Muslim in Malaysia do not mix. However, when they do, you might just find yourself in a situation where you are before a Religious Court and destined for a few strokes of the cane.

The Religious Court in the Eastern State of Pahang has sentenced a Singaporean model of Muslim faith to six strokes of the cane for drinking beer in a nightclub, and getting caught doing it.

I remember getting six strokes of the cane in high school back in the day when a little bit of corporal punishment was thought to be good for naughty boys to ensure that they grew up into responsible adults. However, my understanding is that Malaysia is similar to Singapore in that you get the rotan cane across the buttocks. I dare say that it probably hurts a little more downstairs than on the hands.

The model, Kartika Sari Dewi Shukarno, pleaded guilty. Generally, early guilty pleas attract a little bit of leniency. However, this was not to be. The court held that a good old-fashioned caning was in order, if for no other reason than the law allows for such a sentence to be imposed. But, furthermore, the court believed that this case would serve as a good example not only to Shukarno, but also to other Muslims thinking about having a beer or two. Shukarno also was fined 5000 Ringgit.

Shukarno is intending to appeal. Yet, there does not seem to be good prospects for success in light of the court's reasoning. I suppose her lawyers might want to be arguing that the sentence is manifestly excessive for the nature and seriousness of the crime.

The problem as I see it is that there is a two-tier justice system in Malaysia; regular courts and religious courts. The religious courts only hear matters relating to alleged crimes committed by Muslims. Religious courts are designed to hear matters relating to religious-based offenses of which drinking alcohol is one. This makes the system two-tiered because Malaysia's other religious minorities are free to drink alcohol as they please and are not going to be subject to a caning for imbibing.

I wonder is this fair and just, or is it just a simple case of; this is the way it is, get over it, and deal with it.

The establishment of, or the expanding of the jurisdiction, of religious courts is something that Indonesia faces periodically. The religious courts in Indonesia, until recently, had a very restrictive jurisdiction relating to family issues. This has expanded to include some financial matters where the financial issues relate specifically to Syariah-based issues. There are some who would see the jurisdiction of the religious courts in Indonesia expanded even further to include the ability to hear matters relating to all things to do with the Muslim faith.