Showing posts with label Sharia Courts. Show all posts
Showing posts with label Sharia Courts. Show all posts

29 September 2009

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.

25 August 2009

Malaysia, Caning, and Beer -- Part IV


It would seem that being sentenced to a good ol' caning, wanting to get caned, and actually being caned are very different things.

It is interesting that the Malaysian Prime Minister, Najib Razak, has entered the fray on this one. He has suggested that the Singaporean and Muslim model, Kartika Sari Dewi Shukarno, not be quite as willing to accept her fate. According to Razak, although he does not want to interfere with the imposition of the sentence or the role of the Sharia Courts, he believes that not all avenues of appeal are yet closed.

The PM is of the opinion that the authorities are "sensitive" to her plight and the implications of the sentence. and therefore she should appeal. I guess there are a number of ways that can be interpreted, and the cynics among us might lean towards the PM interfering in the judicial / justice process. Then again, maybe the cynics would not see it this way.

Shukarno was granted a reprieve as the Sharia Courts and the authorities decided that the holy month of Ramadan was not the opportune time to be caning a young mother of two for drinking beer. Hey, seeing it is Ramadan and a month of forgiveness, how about just vacating the sentence and replace it with a warning that in essence is a slap on the wrist and some choice words about re-offending.

However, I am of the opinion that she wants to get caned. Whether she wants to get caned because it is publicity and any publicity is good publicity, I am not going to speculate. But, she is calling a good bluff on any front by challenging the authorities to get the deed done.

Most people would have appealed the sentence as a matter of course, Shukarno has not. Instead, she has argued that if it is to be done and the authorities are really doing it as a means of educating other Muslims of the ills of alcohol and drinking, then the caning must be done in public. This makes sense to me.

The waiting game continues.

26 July 2009

Malaysia, Caning, and Beer -- Part II


It seems that the decision of the Sharia Court in eastern Pahang State to cane a Muslim model, Kartika Sari Dewi Shukarno, for having a few beers in a nightclub has not been greeted with universal approval in Malaysia. The debate centers on the idea that convictions and sentences like this are rare in Malaysia where alcohol is widely available for consumption. There is also a belief that where an individual sins against their religion in this manner; drinking alcohol when it is forbidden, has sinned against God and therefore it is God who should mete out the punishment.

I have always argued that for those of us who sin against our religions or our Gods will be punished by our respective Gods when the time comes. There is no need for us insignificant human beings to get involved and take over the primary punishment role from God. Let's face it, I have some serious explaining to do come judgment day:

God: So, you spent your life doing good things and helping people less fortunate than yourself. You contributed to making the world a better place. But, not one day in your life did you acknowledge me or my existence, in fact you told everyone who asked that you did not believe in God. You told everyone that you were doing it because you were a good bloke and it was the right thing to do! Therefore, here's my question for you now, "what you got to say about that?"

Me: God, that is a good question. To be perfectly honest, I just figured I would be worm food and that would be it. I had never really contemplated having to come back and justify myself to you. But, God, here's my question to you, "why did you not reveal yourself to me in a more tangible way that would have made believing in you a whole lot easier proposition rather than irrational faith?"

You can see where this conversation with God is going.

There is little doubt that the punishment is harsh. Interestingly, it could have been a whole lot more harsh as the law allows for up to 40 lashes with the rattan cane. And, in all likelihood it is not going to deter those Muslims in Malaysia that want to drink alcohol from drinking alcohol. Where there is a will there is a way, simple.

Shukarno, though, has decided that it would be best just to get the punishment over and done with so that she can go back to living her life. And, she hopes that others learn from her experiences and refrain from drinking alcohol (or more specifically from getting caught).

The caning methods are set out here. It would appear that in many ways that the caning is as much symbolic as it is meant to cause pain in this case. Although, most canings I have read about talk about causing open wounds that leave nasty scars on those who are on the receiving end of the caning. This though is allegedly not the case here. Shukarno will be clothed, the cane will be shorter than usual, and the person doing the caning cannot raise the rattan above their head.

I wonder if there will be video of the sentence being carried out that will make its way onto YouTube or something. If you can get video of Saddam Hussein's hanging onto YouTube, then one would think the caning of a model should be easy.