Malaysia, Caning, and Beer -- Part III

Kartika Sari Dewi Shukarno is set to be contained according to her sentence sometime next week. The sentence was six lashes of the cane and a fine of 5000 ringgit. Her crime, being a Muslim and drinking beer in a nightclub in the eastern state of Pahang. I wrote about it here.

Shukarno has asked for the sentence to be carried out as soon as possible. Her request is based on two simple reasons; the sooner the sentence is carried out, the sooner she can get on with the rest of her life, and secondly, she wants others to learn from her mistakes so that they might avoid a similar caning in the future. Her regret is apparently the driving force for the desire for a public caning.

Although, there seems to be a bit of a caveat on the caning in that Shukarno wants it carried out in public rather than in the confines of a closed prison. This would certainly seem the most likely way of ensuring maximum exposure (pun intended). It is worth noting that Shukarno will be the first woman to be caned under Islamic Law. There must be a sellable story in that somewhere, particularly when one considers she lives in Singapore and not Malaysia.

It must also be noted that caning is not unusual as a form of punishment in Malaysia. There are at least forty crimes that attract a good caning. The criminal punishment statistics compiled by Amnesty International state that almost 35,000 people have been caned in Malaysia between 2002 and 2008. The majority of these canings were for immigration offenses. Simply, a few strokes on the buttocks and on your way back to wherever it is that you came from.

Amnesty International has been vocal in its opposition to caning. According to Amnesty International, caning is a cruel and degrading punishment, and as such must not be used as a form of punishment. Besides, cruel, inhuman, and degrading punishments are expressly prohibited under international law. AI has, in fact, asked the Malaysian government to vacate this sentence and to pass legislation that would prohibit the use of caning under any circumstances in Malaysia.

However, Malaysia in its defense of the soon-to-occur caning is that the cane (rattan / rotan) is smaller than the one used for men, the swing is shorter, and the purpose is to educate rather than punish, therefore Shukarno is not likely to endure too much pain when it is all said and done.

The problem, or perhaps issue, for me is that the idea of concurrent courts, General and Islamic, means that there is a two-tiered justice system where punishments depend on your religious beliefs, and therefore will differ from others who commit a similar offense or in this case where they commit no offense at all. It is not illegal for non-Muslims to drink alcohol in Malaysia.

Maybe there will be a video so that we can all get a public viewing of the manner of a Malaysian caning.

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.

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.

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.

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.