Kartika Caning – What’s At Stake?

We are still waiting for new development on the caning sentence of Malaysian model Kartika Sari Dewi Shukarno for drinking alcohol.  While waiting, it is a good time to reflect on what exactly is at stake in this case.

First off, is there a uniform set of laws called Syariah law (or Sharia law)?  Syariah law applies to all Muslims, right?  Then why is it that only 3 states in Malaysia (Pahang, Perlis and Kelantan) impose the caning sentence for Muslims caught drinking alcohol?  The 10 remaining states which are the majority states impose a fine for this offense.  

Then there is the fact that under Malalysian civil laws, no woman is allowed to be caned for any offense. But in Malaysia, Syariah law runs parallel to civil laws, and the Federal courts cannot intervene in cases involving the Syariah courts. The Malaysian government is concerned that the caning of Kartika Sari Dewi Shukarno will tarnish Malaysia’s image as a moderate Muslim country. 

Next, why is this case of international interest?  The caning, if and when carried out, will make Kartika Sari Dewi Shukarno the first woman to be caned in Malaysia. But that makes history in Malaysia only, so why should the rest of the world be interested in her case?  This case is mentioned in newspapers in several countries, including US, UK, France, India, Singapore, Indonesia, South Africa, Hong Kong, etc.  That’s surely a big international audience.

Farish A. Noor, Senior Fellow at the S. Rajaratnam School of International Studies, Singapore wrote an article last August entitled The Polictical Cost of Caning Kartika.  In it he said: “The conservative Islamists of Malaysia, their religious convictions notwithstanding, simply do not seem to understand how and why the international community is upset with the idea of a woman being caned for drinking a pint. A case in point is the Mufti of Perak, Harussani Zakaria, who even asked why there was such a fuss being made about a woman being caned six times when, in his opinion, the punishment ought to have been 80 lashes instead.”

This caning will set a precedent, and if Mohd Isa Abdul Ralip, President of the Malaysian Syariah Lawyers Association is correctly quoted in the press, this will affect all Muslims.  He said in an interview in July this year: “All Muslims, regardless of whether they are tourists or Malaysians, are subject to local Islamic laws.”

Of course any Muslim country has the right to implement Syariah law, and Malaysia is a Muslim country.  But Malaysia exists in an interconnected world, and there others who do not understand Syariah law. A punishment like caning for the offense of drinking alcohol is difficult for them to understand. Afterall, in most other countries, “drinking a pint” (as Farish A. Noor puts it) is not a crime. So if “drinking a pint” is an offense under Syariah law in Malaysia, then the international community view the punishment by caning as too harsh, and that’s why they are upset. Of course women advocacy groups and human rights groups are also upset.

So if and when Kartika Sari Dewi Shukarno is caned, the “conservative Islamists of Malaysia” will claim victory, Kartika will suffer for a while, but the real loser will be Malaysia.  That’s what’s at stake.

Previous posts

Kartika Caning – MP Targets Sisters In Islam
Kartika Caning – UMNO Weighs In
Kartika Caning – Battle Line Drawn
Kartika Case – Caning Sentence Upheld
Who Is Kartika Sari Dewi Shukarno?