It has been a week now since Kartika Sari Dewi Shukarno had her audience with the Tengku Mahkota of Pahang, Tengku Abdullah Sultan Ahmad Shah. During the meeting, Kartika Sari Dewi Shukarno reportedly told Tengku Abdullah Sultan Ahmad Shah about the stress that the long delay in carrying out the caning sentence given by the Kuantan Syariah High Court for illegally consuming alcohol had on her life. Tengku Abdullah Sultan Ahmad Shah then said he would bring the case to the Sultan of Pahang for a decision.
Hopes have been raised that Kartika Sari Dewi Shukarno could possibly receive an unsolicited royal pardon when Tengku Abdullah Sultan Ahmad Shah said that under Section 133 of the Pahang Syariah Criminal Procedure Enactment 2002, the Sultan of Pahang is empowered to reduce the 6 strokes of the cane meted to her, or to pardon her.
Tengku Abdullah Sultan Ahmad Shah also said that “this case will be settled as soon as possible.”
Since Tengku Abdullah Sultan Ahmad Shah said that the Sultan has the legal power to vary the caning sentence, and even to the extent of pardoning Kartika Sari Dewi Shukarno although she has not lodged an appeal against the caning sentence, what then could possibly hold up this case further?
Actually Tengku Abdullah Sultan Ahmad Shah did add a rejoiner. He said: ”It just needs scrutiny in terms of the implementation of the penalty.” In other words, before taking any action either to vary the number of strokes of the cane to be lashed on Kartika Sari Dewi Shukarno or to pardon her, the Sultan needs to have a legal opinion on his power and ability to do so.
Usually a royal pardon can be considered and granted if there is an appeal for one by the guilty party. But in this case, Kartika Sari Dewi Shukarno is adamant that she would not appeal against the sentence, and as far as we know, neither did she appeal for a royal pardon. So given the circumstances of the case, it is wise of the Sultan of Pahang to seek legal advice before making a decision on whether to pardon Kartika Sari Dewi Shukarno.
Indeed Sultan Ahmad Shah said: “I have to study the case and seek legal advice before making a decision.” The Sultan also confirmed that Kartika Sari Dewi Shukarno has not file for a royal pardon.
Kartika Sari Dewi Shukarno pleaded guilty to drinking alcohol and was punished by the Kuantan Syariah High Court on July 20, 2009 with a fine of RM5,000 and given 6 strokes of the cane.
Kartika Sari Dewi Shukarno paid the fine, and was all set to become the first Muslim woman to be caned in Malaysia. Under Malaysia’s Civil law, it is illegal to cane a woman, but Malaysia has a dual track Civil and Syariah law running in parallel. One of the complications in this case is that the authorities can only cane prisoners, but the Kuantan Syariah High Court did not sentence Kartika Sari Dewi Shukarno to a prison term.
In a totally unexpected and surprising development, Home Minister Datuk Seri Hishammuddin Hussein said recently that 3 Muslim women prisoners were caned on February 9 this year for illicit sex resulting in pregnancy out of wedlock, thus becoming the first women to be caned in Malaysia. Noticeably, these 3 unnamed Muslim women were serving prison terms before being lashed with the cane.
Think about it. Where is this case heading? It has been going round and round. There can only be 2 possible outcome. Either Kartika Sari Dewi Shukarno will be caned, or she will be pardoned. Which outcome is more likely?
Previous posts
Kartika Caning – Will She Receive A Royal Pardon?
Kartika Caning – To Be Carried Out After Audience With Tengku Mahkota Of Pahang
Kartika Caning – Resolution Possible Within A Month
Kartika Caning – No Hope For Historic First
To err is human, to forgive is divine. There should be a better way of dealing with these women. But yeah, we have to respect the law in that particular country.
Who is above the law? Who creates the law? Is this law acceptable in faith? Is such laws a heavenly laws that guarantees one’s sins to be abolished in the hereafter? Will this law assists one’s deeds in the hereafter? Is this law unified throughout the faith or one’s believes system? Does this law guarantees a righteous being? Will there be less sinners once the law applies? Will such laws assists in less immoral acts? A mindset is all it needs.