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Wednesday, 19 August 2009

Kartika To Be Detained Before Caning

source: nursamad.blogspot.com

Kartika Sari Dewi Shukarno who was to be whipped with six strokes of the rotan after admitted to having a beer last year in a nightclub last year has now been ordered by the Syariah High Court to be detained for seven days effective Aug 24.

The order was obtained following an application by Syarie deputy public prosecutor Saiful Idham Sahimi who filed it at the court here Tuesday.

The application was heard before Syariah High Court Judge Justice Datuk Abdul Rahman Yunos, in chambers.

On July 20, Kartika Sari Dewi Shukarno was ordered to be caned and fined RM5,000 for consuming alcohol at a hotel night club in Cherating.

She was arrested during a raid by a team from the state religious department at 1.20am on July 12, 2007.

Kartika paid the fine. However, she did not make an appeal against the whipping order.

The Syariah High Court court also granted the prosecution's two other applications - for the caning to be carried out within the seven days Kartika was ordered to be detained at the women's prison in Kajang and for it to be conducted by a woman officer, and for Kartika to be released as soon as the punishment was meted out.

The punishment is provided under Section 125(4) of the Syariah Criminal Procedure Enactment 2002 that spelled out how the caning should be carried out.

In Islamic law, the cane should not be thicker than the little finger on the hand and that the cane cannot be lifted so high that the upper arm is lifted away from the armpit.

The part-time model was charged under Section 136 of the Pahang Islamic and Malay Traditional Practices Enactment 1982 (amendment 1987).

Under the section, those who are found guilty can be fined up to RM5,000 or jailed a maximum of three years, or both, and sentenced to six strokes of the rotan.

The sentence for consuming alcohol was made stiffer when the Islamic Religious Administration and Pahang Malay Tradition Enactment 1982 was amended in 1987. (source:The Star)

3 comments:

Khun Pana aka johanssm said...

"Detain" means to serve in prison for a duration of time.
Even if lock up inside a balai polis is equal to imprisonment.
Nice choice of words play by the government.

She got a raw deal. She paid the fines then have to be to 'detain" and later will receive some lashes.
All this just for a beer.
And we still have criminals on the loose.Nurin is dead and Sharlinie is still missing
Malaysia Boleh

Observer said...

The sentence seems outrageous to nonMuslims and I am sure many Muslims too. I am not saying caning is never justified, and I am not sure that if it is justified only males should ever be caned. The punishment just does not seem to fit the crime. How it is done seems to be unclear, but if it is just symbolic and does not hurt at all, what is the point of doing it at all?
Or if it is a caning of "moderate" severity that she receives whilst sitting down, that is almost another indignity for the poor woman as it means her back will take the blows. This is just medieval and dangerous.
Is there anything about Ramadam to allow the sentence to be cancelled as a mark of humanity?

EricCarwardine said...

If Malaysian authorities had any idea of the erotic frenzy being inflamed in some Western countries by the sentencing of Kartika they would quickly remove caning from their statute books.

By her readiness to accept the punishment, Kartika has invoked all the erotic symbolism of submission and dominance which is certainly not uncommon in Western countries.

Far from shaming her, in Western eyes at least, the caning will elevate her to the status of sexual goddess, rivalling Australia's Kylie Minogue, or Britain's Britney Speares.