Thursday, July 30, 2009

Rotan Issue - Much Ado About Nothing

Come on people, why all the fuss about this Singapore model by the name of Kartika Sari Dewi Sukarnor getting the rotan in Malaysia?

Remember Michael Peter Fay, an American who briefly shot to worldwide fame when he was sentenced to caning in Singapore as an 18-year old in 1994 for theft and vandalism?

Caning is a routine court sentence in Singapore but most Americans were unfamiliar with it, and Fay’s case was the first caning involving an American citizen.

Kartika, 32, a part-time model, hit the headlines – both the mainstream and new media-- for drinking beer at a nightclub in Cherating, Pahang on July 12, 2007.

On July 20, Kartika Sari Dewi Shukarnor was ordered to be whipped six times by the Kuantan Syariah Court.

However, in a turn of events, Kartika wanted the court to expedite the sentence.

“I will accept this earthly punishment, let Allah decide my punishment in the hereafter... The court has yet to tell me when the sentence will be carried out, so I would like to ask them to hasten it.

“I truly respect the court's decision... I admit that it's my offence and not that of others, it's not the offence of my parents, not the offence of my other family members,” a teary Kartika told reporters in her home town in Perak recently.

If her sentence is meted out soon, it could be the first time that a man or a woman is caned under Islamic law.

She was drinking beer with her husband in a hotel in Cherating, two years ago when she was caught by Islamic enforcement officers. She pleaded guilty last year.

She was fined RM5,000 and sentenced to six strokes of the rotan by the Pahang Syariah High Court on July 20.

The mother of two, who is married to a Singaporean and is a Singapore permanent resident, paid her fine the following day and decided not to file any appeal.

The caning may sound absurd, but rules are rules. The fact is she is a Muslim. And she knows the rules. She broke the rules and she must accept the consequences.

Based on the Syariah Criminal Procedure Enactment 2002, the whipping tool used must be a rotan or small branch that should be not more than 1.22 metres long and not more than 1.25cm thick.

The whipping has to be done using moderate force and the punisher should not raise the hands over the head to avoid injuring the skin. The appointed punisher must be a fair and mature person, During the punishment, the offender must be dressed according to Syariah law.

Male offenders will be whipped while standing whereas female offenders will be in a sitting position when whipping commences.

Whipping would not be done on pregnant offenders and would only be done two months after delivery. It must not hit the face, head, stomach, breast or private parts - only the buttocks.

The offender's health should be checked by government health officers who should also be present during whipping.

There was public outrage over the caning sentence.

Earlier, women leaders such as Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil and Titiwangsa Member of Parliament Dr Lo'Lo Datuk Mohd Ghazali had expressed concern over the harsh punishment in relation to the offence.

Muslim lawyers, however, dismissed the criticism, saying they were a challenge and an insult to the Kuantan syariah court.

The issue could have been prolonged had Kartika not expressed her repentance over consuming alcohol.

Kartika is really lucky she’s not getting a real caning!

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