Why is there a long delay in carrying out the caning sentence imposed by a Syariah Court on Malaysian model Kartika Sari Dewi Shukarno for drinking alcohol? That’s the question people are asking.
Officially we know that the caning sentence was first postponed because of the holy month of Ramadan. It seems that it was inappropriate to carry out the caning sentence on Kartika Sari Dewi Shukarno during Ramadan. But then Ramadan has come and gone. So what else could be holding up the caning sentence?
Could it be that the Malaysian government is somehow involved in this delay? We don’t know, but Attorney-General Tan Sri Abdul Gani Patail said: “No such thing. Who am I to interfere and delay punishment”. Furthermore, he pointed out that the implementation of the caning sentence on Kartika Sari Dewi Shukarno lies within the jurisdiction of the Syariah Court and not the Civil Court. However he did add that: “I believe there must be a reason for the delay in punishment”.
So what could be holding up this caning sentence? A few days ago, we got an explanation. Datuk Mohamad Sahfri Abdul Aziz, chairman of the Pahang religious affairs committee attributed the delay to the fact that Malaysia did not have a female caner. But then Syariah Court Registrar Muhammad Azhari Abdul Rahman said: “The prisons department has already assured us that it has syariah-compliant caners, even for women.”
Could it be that the caning sentence on Kartika Sari Dewi Shukarno was held back because doing so will conflict with Section 289 of the Criminal Procedure Code that specifically exempts women from caning? But then the Attorney-General has already said that this caning sentence is under the jurisdiction of the Syariah Court rather than the Civil Court.
In this connection, Syariah lawyer Saadiah Din pointed out that “Section 125 of the Syariah Criminal Procedure Enactment clearly stipulates how men and women should be caned”.
Saadiah Din also said in a recent interview with The Nut Graph: ”It is my opinion that if the law exists, it is there for the courts to use. So, if anyone wants to challenge or oppose the decision on Kartika, they would need to challenge the law itself.”
But challenging the law is exactly what Sisters in Islam has done, but it has met with all sorts of obstacles, including threats of legal and religious action against it.
Interestingly enough, Saadiah Din also asked the very same question that others are asking: “Why are they taking so long to cane her? Why the delay?” And then, speaking as a lawyer, she proferred this view: “The delay is actually compounding her punishment in a way”.
Expressing disappointment at the way things have unfolded in this caning case of Kartika Sari Dewi Shukarno, Saadiah Din said: “I am also very disappointed that the court has expressed no remorse over the delay, whether via the registrar or any of the religious department officials. She actually saved the court’s time by pleading guilty in the first place.”
Think about it. What could be holding up the caning sentence on Kartika Sari Dewi Shukarno? Syariah lawyer Saadiah Din said in the same interview with The Nut Graph that there are no legal impediments to carrying out this caning sentence on Kartika Sari Dewi Shukarno. But there has to be another reason if we remember what Attorney-General Tan Sri Abdul Gani Patail said: “I believe there must be a reason for the delay in punishment”. But he is not telling. So we can only guess or speculate. If there are no legal impediments, then could the reason for the delay in caning Kartika Sari Dewi Shukarno be a political one? Could it have something to do with preserving Malaysia’s image as a moderate Muslim country?
Earlier posts
Kartika Caning – Attorney-General: “Justice Hurried Is Justice Buried”
Model Caning Case – Malaysian Prison Authorities Ready To Cane
Kartika Caning – Sisters In Islam Questioned By Police
Caning A Woman Under Syariah Law
Who Is Kartika Sari Dewi Shukarno?
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