In a way we can sympthasize with Kartika Sari Dewi Shukarno. When she was convicted by the Syariah High Court of drinking alcohol, she readily admitted her guilt, paid the RM5,000 fine, and was all prepared to receive 6 lashes of the cane as punishment. Despite urgings by various parties, including government ministers, other politicians and women advocacy groups and other NGOs, she steadfastly refused to appeal against the caning sentence. Had the caning sentence been carried out, Kartika Sari Dewi Shukarno would have become the first woman to be caned in Malaysia. But now, suddenly, that history breaking moment has disappeared. She has no hope now of attaining that historic first in Malaysia.
In a surprise announcement yesterday, Home Minister Datuk Seri Hishammuddin Hussein said that 3 Muslim women were caned on February 9 this year for ”khalwat” or illicit contact with the opposite sex. 2 of the women were lashed with 6 strokes of the cane while the third received 4 strokes.
How did the 3 women react to the caning? Datuk Seri Jamil Khir Baharom, Minister in the Prime Minster’s Department said: “They expressed their repentance as they felt the punishment will rid them of their sin and guilt to Allah. They also urged their friends not to commit similar offences.”
Did they feel the pain? Apparently not. Datuk Seri Jamil Khir Baharom said: “They said even 100 strokes of the Syariah rotan will not be equivalent to one stroke of civil caning.”
Is this sudden caning of 3 Muslim women in some way connected to the caning case of Kartika Sari Dewi Shukarno? She had pleaded for the caning sentence to be expedited, but instead it was postponed without any date being fixed.
Datuk Hishammuddin Tun Hussein said “People are saying that no woman has been caned before and that Kartika should not be caned. Today I am announcing that we have already done it.”
How did others react to the sudden caning of 3 Muslim women? Mohd Isa Abdul Ralip, President of the Association of Syarie Lawyers said: “The public and world community no longer needs to fear caning as a punishment under the Syariah because it is not cruel but instead educates the offenders.”
He added: “We fully support Kartika’s caning punishment to be expedited so as to avoid it from becoming sensationalised and causing many to look down on the institution of the Syariah courts.”
Dr Mohd Nawar Ariffin, de facto leader of the Malaysian Assembly of Mosque Youths said: “Look at the message behind the punishment. Illicit sex could easily lead to other social ills such as abortion and baby dumping. The punishment serves as a proposed solution for other social problems.”
Fadhilina Sidek, vice president of the Islamic Youth Movement (Abim) said: “You get your caning sentence then you can go out and continue with your life. So what is the problem?”
But for human rights and women advocacy groups, there are problems. Nora Murat of Amnesty International Malaysia said: “I think that there shouldn’t be any secrecy about it. I am angry because the government has not been honest with the whole process.”
Ivy Josiah, executive director of Women’s Aid Organization said: “We are really angry that this whole exercise was done in the face of so many memorandums, appeals, arguments against the whipping and sentencing of Kartika.”
Ragunath Kesavan, President of the Malaysian Bar Council said: “It’s not as if this is the Middle East - it’s not a good signal that they’re sending out.”
The Malaysian Bar Council also issued a statement, saying in part: “Given that the Kartika issue remains unresolved and the public outcry on issues of constitutionality in regards to the fact that corporal punishment is forbidden for women under Section 289 of the Criminal Procedure Code, it is indeed shocking that the Government has made the announcement only after the punishment had been carried out.”
Azmi Sharom from the law faculty of Universiti Malaya said: “It looks to me as if it is the Sharia courts are trying to assert themselves by imposing this rather mediaeval punishment.”
Dr Hamidah Marican, executive director of woman advocacy group, Sisters In Islam said: “To do this surreptitiously implies that the government wanted to hide this degrading and unjust treatment from public scrutiny. This case constitutes further discrimination against Muslim women in Malaysia.”
Sofia Lim Siu Ching, President of All Women’s Action Society (Awam) said: “The expediency and the secrecy reek of bad faith and betray a troubling disregard for public opinion on an issue that has drawn attention around the globe.”
Think about it. What does all this mean to Kartika Sari Dewi Shukarno? She will probably get her wish to be caned, but she won’t be the historic first woman to achieve this status. She is writing a book on her case, but somehow she has lost the plot. Now another woman has the distinction of being the first woman to be caned in Malaysia. And because that woman was found guilty of illicit sex, her identity would probably not be known. So somehow the story she is writing has lost the punchline. And with that, perhaps even a possibility of a movie may have evaporated as well.
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After multiple court hearings and sessions, there has been no fuss on this process. Wonder why the fuss on caning and no fuss on the process of court hearings? Why the multiple hearings has not been questioned? Why the need for multiple hearings when the ends is not the means? Why is there a need for a lawyer to fight against a losing case? Is the sentenced based oh the teachings whereby compassion and passion should be the priority?