Malaysian Model Gets Temporary Caning Reprieve

Kartika Sari Dewi Shukarno was arrested for drinking beer in December 2007. She was accused of breaching Shariah law, which forbids consumption of alcohol by Muslims. Last month the 32 year old was sentenced by the country’s Islamic court to six lashes of a cane and a fine of 5,000 ringgit, which is about 1,000 euros. The case has drawn widespread criticism from rights activists both within and outside the country.

"I am outraged and mortified," says Ivy Josiah from Women’s Aid Organisation in Malaysia. "While I do not have a quarrel with an Islamic perspective which says that beer is haram or it is not permitted in Islam, but once you start making this into a public crime or a crime against the state, rather than giving advice and guidance, then you are moving towards a stage of moral policing."

No appeal against the sentence

Kartika now lives in neighbouring Singapore and came to Malaysia to receive her punishment. On Monday, she was enroute to a women’s prison when the religious authorities told her that the caning had been deferred until after Ramadan. Kartika expressed her anger over the delay, saying she wanted the sentence to be carried out.

"She feels that perhaps she should be punished because it is the law," says activist Josiah. "She also wants to end this as quickly as possible because she thinks it will take years and years for the appeal or the case to come to an end."

Dual legal system

Malaysia has a dual legal system. Shariah or Islamic courts can try Muslims for religious and moral offences.

"Malaysian Muslims’ personal lifestyle and private morality come under Islamic law whether they like it or not," says Farish Noor, of the S. Rajaratnam School of International Studies in Singapore.

"What compounds the situation even further is that people who are born as Muslims cannot opt for civil law in situations like this and this includes cases like consumption of alcohol, extramarital sex, your personal gender orientatio -- if you happen to be a Muslim gay or lesbian for instance you cannot opt for civil law."

Political parties silent

In Kartika’s case, Prime Minister Najib Razak, who happens to come from the state of Pahang where the judgement was announced, has not said anything so far. One of the reasons could be the political tussle between the ruling coalition led by the United Malays National Organisation, which saw some of the worst losses in last year’s general election and the opposition conservative Pan Malaysian Islamic Party (PAS), whose influence has been growing substantially.

Experts say neither of the parties would do anything to alienate Malay voters who make up 60 percent of the population. Farish Noor explains:

"The present government is run by a party which also claims to defend and promote Islam. So we are caught in a rather delicate situation where both the ruling and the opposition Islamic parties happen to agree on the indictment of Islamic punishments and neither side is prepared to back down."

While the government and the opposition are keeping quiet on the matter, rights activists such as Ivy Josiah are determined to continue their vocal support for Kartika.

Author: Disha Uppal
Editor: Grahame Lucas