Pahang, Perlis, Kelantan allow caning of women
(The Straits Times) KUALA LUMPUR, July 24 —Islamic law in the country that allows for the caning of Muslims for having alcoholic drinks is an established one, having been passed 25 years ago by the federal government, a senior lawyer said yesterday.
It may have escaped the public's attention until the recent decision to cane a model for the offence because in the past most who were found guilty were usually given lesser penalties, Mohd Isa Abdul Ralip, president of the Malaysian Syariah Lawyers Association, said.
“The Syariah Court Act 1984 is a federal law that regulates the different types of punishment in all the states,” Mohd Isa told The Straits Times.
“The Act stipulates a RM5,000 fine or three years' jail or a maximum of six strokes. In most cases, the offender was fined or imprisoned.”
The last time a man was whipped under the same law for drinking was about 10 years ago in Kelantan, Mohd Isa said.
He added that that all Muslims, regardless of whether they are tourists or Malaysians, are subject to local Islamic laws.
Under the Syariah Criminal Offences Code, only Pahang, Perlis and Kelantan provide for whipping of women.
This week, a Pahang syariah court sentenced 32-year-old model Kartika Sari Dewi Shukarno to six strokes of the rotan and fined her RM5,000 for drinking beer in a hotel nightclub two years ago.
Kartika, who is married to a Singaporean, has paid the fine. She is likely to be the first woman to be flogged for the offence as another woman who was similarly convicted has appealed against her sentence.
Women leaders including Women Minister Datuk Seri Shahrizat Jalil and PAS lawmaker Dr Lo' Lo' Ghazali have expressed shock over the case.
Yesterday, Sisters In Islam called on the government to review the law.
Said Hamidah Merican, executive director of the non-governmental organisation: “We urge the government to conduct a review of severe forms of punishments, which violate human rights principles and where evidence has shown that they fail to deter or to reform the offenders.”
She argued that there is no consensus among Muslim scholars that women should be whipped.
The punishment has received extensive media coverage in the Malay newspapers here. But it had less play in the English and Chinese papers which gave greater play to the mysterious circumstances surrounding the death of a political aide.
The opposition parties have so far stayed clear of the issue, as it could easily start a new war of words between the Chinese-based DAP and PAS.
But the blogosphere was more direct in its negative reactions, with several people saying that they have seen many middle-class Malays drinking in bars and clubs.
“Why pick on one person? Just to make an example out of her? Because she feels vulnerable at this time and has no big shot to pull strings for her?” asked one commentator on the popular Malaysia Today website.
