Kartika Sari Dewi Shukarno Now A Free Woman
Thursday April 22, 2010 is a very special day for former Malaysian model Kartika Sari Dewi Shukarno. On this day, she completed her 3-week community service at the Tengku Ampuan Fatimah Children Home, walked out of the gate, and became a free woman. This brings an end to the whole saga which started in December 2007 when she was caught for drinking alcohol at a hotel in Pahang, Malaysia.
The Saga Revisited
In a way, this has been a rather unfortunate saga for Kartika Sari Dewi Shukarno. There are only 3 states in the whole of Malaysia that impose caning for Muslims caught consuming alcohol. These are Pahang, Perlis and Kelantan. And Kartika Sari Dewi Shukarno had to be caught doing just that in Pahang.
By the time her case came before the Kuantan Syariah Court it was already July 2009. Kartika Sari Dewi Shukarno pleaded guilty to this charge of consuming alcohol, was sentenced to a fine of RM5,000 (which she paid) and 6 strokes of the cane. Then for the first time in Malaysia’s history, Kartika Sari Dewi Shukarno refused to appeal against the caning sentence. Previously, Muslim women who appealed had their caning sentences commuted to something else. Because she refused to appeal, Malaysia suddenly faced the prospect of caning its first woman.
The case was mired in one controversy after another. On the legal front, Malaysia’s Civil Law prohibits caning any woman, whereas Syariah Law in Pahang, Perlis and Kelantan permits this. Women advocacy groups like Sisters In Islam and human rights groups were up in arms over this prospect of Malaysia caning its first woman. Even the Malaysian Government at one stage said the caning was too severe for a first time offender who pleaded guilty. But there were others who defended the caning, saying that Syariah Law and the Syariah Court ought to be respected. In the process police reports were made by one group against the other, and such cases still remain outstanding at this time.
A second controversy was that Malaysian Prison Authority had no experience in caning a woman. But because the case was delayed so long, it eventually acquired the expertise to do so.
But thirdly there was also the rule that the Malaysian Prison Authority cannot cane anyone who is not a prisoner. Kartika Sari Dewi Shukarno was never sentenced to a prison term.
Caning Sentence Commuted
Because Kartika Sari Dewi Shukarno did not file an appeal, there was no question of the Syariah High Court revising the caning sentence on its own initiative. In the end, Kartika Sari Dewi requested an audience with the Tengku Mahkota of Pahang, Tengku Abdullah Sultan Ahmad Shah.
At the royal audience, Kartika Sari Dewi Shukarno did not plead for the caning sentence to be dropped. Instead she wanted it to be carried out speedily, citing the stress that the long delay had caused to her marriage, her health and her emotional stability.
Subsequently, the Sultan of Pahang, Sultan Ahmad Shah, commuted the caning sentence to a 3-week community service at a children’s home. This is believed to be the first time that a sentence of any kind has been commuted by royal decree without an appeal being made.
3 Other Muslim Women Caned
Last February, Malaysia proceeded to cane 3 Muslim women who were serving prison terms for engaging in illicit sex and having children out of wedlock. This was before the royal intervention in Kartika Sari Dewi Shukarno’s case. The caning was carried out secretly, with announcement made only after the fact. There were, predictably, much protest from women advocacy groups and human rights NGOs, but on the other hand, the caning did prove the point that Syariah Law and the Syariah Court have to be respected.
Freedom At Last
Commenting on the release of Kartika Sari Dewi Shukarno from the Tengku Ampuan Fatimah Children Home, father Shukarno Abdul Mutalib said: “I’m relieved that the sentence had been completed. My family considers the case closed.” Kartika Sari Dewi Shukarno said previously that her top priority after her release is to get a job so she can look after her 2 children, one of whom is suffering from cerebral palsy while the other has a heart condition. Her husband had divorced her in the midst of the whole saga.
Think About It
So what does the future hold for Kartika Sari Dewi Shukarno? Can her failed marriage be salvaged? How is she going to financially support 2 children both of whom require specialist medical care? Can she write a book about her case? Or make a movie perhaps? What lessons can be learnt from this whole saga? Could the Malaysian Government had handled this case differently? Has Malaysia’s reputation as a moderate Muslim country been affected?
Previous posts
Kartika Caning – Nobody Should Dispute Ruler’s Decision
Kartika Caning Case – Reactions To Community Service Substitute
Kartika Caning – Changed To Community Service By Sultan
Kartika Caning – Sultan: “I Have To Seek Legal Advice”
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