Kartika’s Caning – Sisters In Islam Intervenes

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Poor Kartika Sari Dewi Shukarno! She must be wondering what does it take to get over her caning case quickly. She has publicly accepted the caning sentence imposed by an Islamic court in Malaysia for drinking alcohol. She admitted to her offense. She pleaded to be caned publicly so that other Muslims can learn and be educated not to drink alcohol. She has issued a statement through a law firm affirming her decision not to have further meetings with anyone on her case, and has threatened to sue anyone who persists in wanting to speak to her or her family members for disturbing their peace. She was hoping, perhaps, that with the end of the holy month of Ramadan, the caning sentence would be carried out speedily so that she can carry on with her normal life.

But Kartika Sari Dewi Shukarno should know that her case has generated too much publicity – at home and abroad. Already many government officials have spoken on the issue, including cabinet ministers, the current prime minister and a former prime minister, etc.

This week, women’s advocacy group Sisters in Islam (SIS) lodged an application with the Syariah High Court asking for a stay of execution. Executive director of Sisters in Islam Dr Hamidah Marican said: ”SIS urges the authorities to refrain from executing the sentence on Kartika until all legal and other avenues have been exhausted.”

But on what ground does SIS have the legal standing to lodge this application? Sisters in Islam said that it was acting in the public interest. Earlier Prime Minister Datuk Seri Najib Razak and Women and Family Affairs Minister Senator Datuk Seri Shahrizat Abdul Jalil had both asked Kartika Sari Dewi Shukarno to file an appeal against the caning sentence.

Had she done so, her caning sentence could well be set aside. But Kartika Sari Dewi Shukarno refused to appeal. So here lies the legal dilemna – how to set aside the caning sentence without an appeal?

But her caning sentence was postponed on ground that it was not appropriate to carry out the sentence during the holy month of Ramadan. The Malaysian government has also asked the Syariah court to examine the case, and Sisters in Islam understands from some newspaper reports that the Chief Syariah Judge of Pahang has also filed for a revision of Kartika’s sentence.

According to Dr Hamidah Marican: “But we have not been able to verify this officially. Should this process be in place, we are surprised by the statement issued by the Pahang Religious Department of its intent to execute the sentence on Kartika, and to do so without any prior notice.”

Then concluding her case, Dr Hamidah Marican added: “Since Kartika’s case has generated much public concern, nationally and internationally, the insistence on executing the sentence when legal avenues for revision and clarification have not been exhausted shows an utter disregard of a matter of great public and international interest.”

And what does the Malaysian Government think of this? Datuk Seri Shahrizat Abdul Jalil, the Minsiter of Women, Family and Community Development said: “Kartika has spoken but at the same time, SIS as an advocacy group is probably looking at the bigger picture and they are in the position to do it. Let us see the outcome. Kartika has spoken very clearly but SIS also has a right. We are monitoring the situation very closely.”

Think about it. This Malaysian caning case involving model Kartika Sari Dewi Shukarno has divided Muslims in Malaysia. Moderate Muslims and the Malaysian Government feel that caning Kartika, a first offender, is too harsh. Moreover, the Government has been projecting Malaysia as a moderate Muslim country and this case may well tarnish that image. On the other hand, there are other Muslims who feel that the caning should be carried out. What will happen next? What is the outcome of the judicial review going to be? And when will it be decided?