UNIVERSITI TEKNOLOGI MARA MELAKA CITY CAMPUS
No.8: The Case of Kartika Shukarno (ADM 654) POLICY ANALYSIS Prepared For: PROF. MADYA MOHD NOR
Prepared By: NORLIA BINTI ALUS YUSTIANI BINTI YUNUS
2008564015 2008405808
Group: PLK BAS GROUP 4/5 BACHELOR OF ADMINISTRATIVE SCIENCE (HONS)FACULTY OF ADMINISTRATIVE ADMINISTRATIVE SCIENCE AND POLICY STUDIES
1. Introd Introduct uction ion The punishment is in place to make the public more aware, and the six strokes won't hurt, it's just a deterrent. Like many Malaysians, I was shocked to hear that 32-year old Kartika Sari Dewi Shukarno was sentenced to be whipped six times by the Syariah High Court in Kuantan for drinking alcohol at a nightclub. Many of my Muslim and non-Muslim friends also voiced their concern that something like this could end up giving people a bad impression of Islam. "Why so severe?" We all thought. Isn't whipping for drug offenders and rapists? My negative feelings towards the entire matter dissipated, however, after I read a report published by Berita Harian (Thursday, 23 July), which explained the true nature of the punishment that Kartika could face. Clearly, it is not the same sort of punishment that hardened criminals have to undergo. Here are excerpts from the report: The law allocates that the "whip" should be made of rattan or a small branch without segments. Its length should be no more than 1.22 metres, and its circumference circumference no more than 1.25 cm. cm . Before Before the punish punishmen mentt is carri carried ed out, out, the accused accused will will be exami examined ned by medi medica call prof profes essi sion onal als s to ensur ensure e he or sh she e is fit fit enou enough gh to unde underg rgo o the the punishment. If the accused is pregnant, the punishment will be postponed and will only be carr carrie ied d out out 2 mont months hs afte afterr the the birt birth h of the the chil child d or in the the even eventt of a miscarriage. The punishment will be carried out by a government medical officer who is mature and fair. The force to be applied by the person carrying out the punishment should only be medium - without lifting the hand higher than the head, as not to bruise the skin of the accused. The whip can fall on any part of the body except the face, head, stomach, chest and private parts. The accused will be fully clothed. Men will receive their punishment standing up, while women are asked to sit down during the punishment. Speaki Speaking ng to Berita Berita Harian Harian repor reporter ters s, Kartika herself has said that she is willing to accept her punishment and be whipped. She was quoted as saying, "I want want to under undergo go the punish punishmen mentt becaus because e I have have repen repented ted". ". She also also advised members of the public to think about the consequences of their actions.
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The mother of two had initially planned to appeal the sentence, but decided to pay the RM5000 fine and undergo the whipping as soon as possible. It is heartening to read that Kartika says she can face the punishment because her famil family, y, especi especiall ally y her father father,, 60 60-ye -year ar old Shukar Shukarno no Abdul Abdul Mutali Mutalib, b, is giving her their full support. I think Kartika & this Caning Caning Issue did a great job in making the real facts of the punishment known to the public. Unfortunately, there is group outside there will still have a field day, treating this as another scandal in the global Muslim community. I myself can't comment on other statement made by 3 rd parties about the religious matters, but as a Muslim, I can whole heartedly say that I now believe that Kartika's punishment is fair.
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2. The problem that led to to the formulation formulation of the policy July 20. 2009 -- A 32-year-old mother of two is sentenced to six lashes with a ratt rattan an cane cane for for drin drinki king ng beer beer at a hote hotell in Paha Pahang ng stat state e in 20 2007 07.. The The sentence hasn't been carried out, despite her requests to get it over with. Feb 7, 2010. Fifteen Muslims, including two women, are arrested by religious authorities in Pahang state for illegally consuming alcohol. Eleven others are detained for unlawful close proximity to members of the opposite sex. Feb. 9, 2010 -- Four men and, for the first time, three women, are caned after being found guilty in an Islamic court of having sex out of wedlock.
The move to cane the women under the country's Islamic Shariah laws has raised fresh concerns about the growing political and judicial influence of Isla Islam m in what what trad tradit itio ional nally ly has has been been one one of the the worl world' d's s more more mode modera rate te Muslim nations. The vibrant, resource-rich country came under intense international scrutiny last last year year after after a Shari Shariah ah court court senten sentenced ced 32 32-ye -yearar-old old Kartik Kartika a Sari Sari Dewi Dewi Shukarno to be caned after she was caught drinking beer in a hotel bar. Many Many moder moderate ate Muslim Muslims s and non-Mu non-Musli slim m Malays Malaysian ians s saw that that verdic verdictt as reflecting the growing reach of Islam in Malaysia over the past several years. The caning of Ms. Kartika, Kartika, who is a Muslim, still hasn't been carried out despite her requests to the Islamic courts to get it over with. Due to this canning issue, followed another announcement that three Muslim women were caned on Feb. 9 for having illicit sex thus came as a shock to many Malaysians. Later in the day, in a statement that four men also were sentenced and caned in connection with the case. All seven were found guilty of illicit sex and sentenced by a Shariah court in the Kuala Lumpur area between December and January. Two of the women and the four men were each struck six times, while the other woman was struck four times. Malaysia has a two-track legal system in which Shariah laws are applied to its major majority ity Muslim Muslim popula populatio tion, n, while while its its large large ethnic ethnic-Ch -Chine inese se and Indian Indian minorities answer only to civilian courts.
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There is positive and negative response are existing according to this Kartika issu issue’ e’s s cani caning ng,, incl includ udin ing g from from a top top leve levell of Mini Minist stry ry,, poli politi tici cian, an, NonNonGovernment Associate, academician and individual. Political analysts say the rapid growth of Malaysia's Shariah court system in recent years, however, is threatening to undermine the country's reputation as a tolerant, progressive Muslim nation that has been able to attract sizable foreign investments in manufacturing and services. "As Shariah courts expand their reach, there is a question of jurisdiction -about whether there should be corporal punishment at all," said Mr. Kesavan, the bar council president. "We think it is degrading, and as Malaysia evolves towards adopting international standards in other areas, we should observe international standards in legal matters, too." Some analysts have ascribed the increasingly political role of Islam in the country to the country's race-based politics. Many ethnic Malays view their Islamic faith as a symbol of their racial identity and a sign of their privileged economic status, which includes a wide range of affirmative-action policies providing them preferential treatment over non-Malay minorities. The country's increasingly Islamic outlook also reflects the growing political role of the faith as the ruling National Front and the Pan-Malaysian Islamic Party -- one of the main parties in an opposition coalition -- compete to demonstrate which has the strongest Muslim credentials.
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The objective (s) that the policy was designed to solve. 5
While Mr. P. Gunasegaran (No (No to whipping for drinking, 28 Aug 2009, Star ) and those in the similar vein are entitled entitled to their freedom freedom of expressio expression, n, it nonetheless needs to be pointed out that his abrasive intrusion into the intoxicating whipping debate is in extreme bad taste and a blatant affront to Muslim sensitivity. His high and mighty pronouncement based on his secular theology and his one sentence reference to some unnamed Muslim scholar, makes him an overnight jurist ! Despite 52 years of Merdeka, quite apparently and most unfortunately, the civilized and democratic values of mutual respect is sorely missing in our multi-religious co-existence. And as far as Muslims are concerned, there has been one too many Islam Islam phobic sentime sentiments nts snowballin snowballing g by the day in the mainstream editorials, press reports and cyber portals. Fed by deep-seated prejudice, and popular misconceptions towards Islam and the Shariah, the words "barbaric", "cruel", and "inhumane" are hurled without regard for the sensitivity of Muslims. Barbaric, cruel, and inhumane are after all relative terms that are employed to demonize the other. This media onslaught, directly or indirectly, knowingly or unkn unknow owin ingl gly, y, atte attemp mpts ts to beli belitt ttle le and humi humili liate ate the the Shar Sharia iah h just justic ice e system system,, an entire entire ins instit tituti ution on whose whose place place in our nation nation is legiti legitimat mated ed by history and the Constitution. What else does one make of the following headlines “and lets do away with a slew of outmoded, archaic laws in the statute books, both syariah and civil”. He furthe furtherr adds adds “there is real danger of disarray when man purports to speak for God”. I hasten to respond by asking - should we then let him (the editor) play God or better still be God ? Islam, meaning ‘submission’- however awkward such a notion is to secular liberal thinking – is acceptance with a free conscience both the tenets of the faith and outwardly the injunctions of the Shariah which encompasses formal ritu ritual al wors worshi hip p and and the the regu regula lati tion on of pers person onal al and and soci social al more mores s base based d on sacred texts. Believ Believers ers of other other faiths faiths,, lib liber eral al secula secularis rists ts and secular secular atheis atheists ts need need to unde unders rsta tand nd that that Islam Islam is the the gove govern rnin ing g prin princi cipl ple e in ever every y aspe aspect ct of a Muslim's life to a degree seldom seen in the adherents and practitioners of other religions. Islam is not just a matter of rituals and worship; Islam is a complete way of life. For those who cannot or will not accept the crucial importance of this most important reality in the life of all Muslims we can only say, hopefully without insult, please stay out of our business.
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As Muslims we have no difficulty accepting that non-Muslims have different beliefs and live their lives differently than we do. Please show us the same courtesy. His editorial among others, reflect the distressing trend that non-Muslims are making ill-informed, prejudiced and unwelcome comments on the religion of the majority of people of this country. This is very unhealthy, and dangerously crossing the lines of civilized discourse. There exists a myriad of opinions on the issue of consumption of intoxicants. But the Muslim scholars are unanimous that the offender must be punished. If the offence is considered under the jurisdiction of hudud (limits), as is embraced by the schools of thought of Syafie, Maliki and Hanafi, caning must be meted without without exception. This being being the stipulate of God for the good of the bigger society. However, Al-Qaradhawi, the celebrated contemporary scholar, in consonant with the likes likes of At-Tabari, At-Tabari, Ibn Munzir, Munzir, As-Syawkani As-Syawkani and Ibn Qayyim Qayyim opines that this offence is within the domain of ta’zir (discretionary penalty). Thus, the judge may choose to forgive the first time offender or he may elect to cane the offender and would stipulate the number of canings. As alluded by others, the caning is unlike the brutal and vicious whippings as prescribed by the civil courts. Asst. Prof. Dr. Zulfakar, who lectures Islamic criminal law in the International Islamic Islamic University University of Malaysia, Malaysia, and Datuk Abdul Munir Munir Yaakob, SUHAKAM commis commissio sioner ner,, concur concurre red d that that the courts courts acted acted withi within n the State State Shariah Shariah Criminal Offences Act notwithstanding the seven day remand order. The The Shar Sharia iah h cour courtt is part part of Mala Malays ysia ia's 's dual dual just justic ice e sy syst stem em whic which h has has jurisdiction over Muslims and the decision of the Kuantan Shariah High Court must be respected as such That is the rule of law enjoyed by both the Shariah Shariah and Civil Civil courts courts and outside outside interfer interference ence would would tantamount tantamount to contempt of court. The due process of appeal is open to the victim if justice is not done or seen to be done. In this media frenzy, the irony has not been lost that Kartika herself has accepted the sentence and has refused appeal despite the suggestion by no less the Prime Minister himself. This underscores one of the objectives of the Shariah, to guide Muslims to be more observant of their religious obligations through remorse and repentance. The The cont contro rove vers rsy y surr surrou ound ndin ing g Kart Kartik ika' a's s sent senten enci cing ng also also expo expose ses s the the someti sometimes mes uneasy uneasy co-exi co-existe stence nce of the world world views views of Islam Islam and that that of
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modern secular secular society. Attempts to fit Islam into the secular world view view is like forcing a square peg into a round hole. Globally, the World Health Organisation (WHO) reports that alcohol causes 1.8 million deaths (3.2% of total) and 58.3 million (4% of total) of DisabilityAdju Ad juste sted d Life Life Year Years s (DAL (DALYs Ys). ). The The U.S. U.S. Depa Depart rtme ment nt of Just Justic ice e Repo Report rt on Alcohol and Crime found that alcohol abuse was a factor in 40 percent of violent crimes committed in the U.S. The British Home office reports a figure of 45% which rose to 58% in cases of attacks by unrecognized persons. We have not even begun to mention the primary role of alcohol in road traffic accide accidents nts,, domest domestic ic viole violence nce,, drug drug depend dependenc ence, e, alcoho alcoholi lism, sm, women women and alcohol, adolescents and alcohol, fatal alcohol syndrome, alcohol and liver cirrhosis, alcohol and brain damage, alcohol and cancer risk, the causal link between alcohol and 60 different types of diseases etc. God says in the Quran, Chapter 2, Verse 219 : “They ask you concerning wine and gambling. Say: 'There is a great sin in both of them, and (some) profits for people; but their sin is greater than their profit …” As Muslims, our absolute love and allegiance is to our Creator, whose infinite wisdo wisdom m we do not not ques questi tion on.. Thus, Thus, it is comp comple lete tely ly unac unacce cept ptab able le and and repr repreh ehen ensi sibl ble e that that any any from from amon amongst gst his his crea creati tion ons, s, shoul should d inst instru ruct ct us otherwise applying their fallible human and secular opinions and standards.
4. Evaluate Evaluate the policy policy measurement/ measurement/prog program ram implemente implemented d to solve the problem. 8
April 01, 2010 :Kartika's Caning Sentence Commuted To Community Service The caning sentence imposed by the Kuantan Syariah High Court on former part-time model Kartika Sari Dewi Shukarnor has been commuted to community service on the orders of the Sultan of Pahang. Kartika's father Shukarnor Abdul Mutalib said his daughter received a letter stating as such from the Pahang State Islamic and Malay Culture Council yesterday. "Kartika was ordered by the Sultan to do three weeks of community service at a welfare home in Kuantan instead. “ this issue added that the family was relieved by the latest development and hoped it would help Kartika to move on with her life, now that there had been closure to the case. Kartika, meanwhile, said she was ready to carry out the community service although the decision came as a surprise. "I hope this community service will serve as a lesson to others to stay away from alcohol," said the single-mother. Kartika was sentenced in July last year to six strokes of the cane and a fine of RM5,000 for drinking beer in December 2007 at a beach resort in Kuantan, in violation of Islamic laws. On Aug 24 2009, she was to be brought to the Kajang Prison to undergo the caning punishment but it was called off at the eleventh hour. After a period of being in limbo (as to whether the caning punishment would be carried out), the matter was brought before the Sultan and hence this latest development in her case.
Was the policy achieves its objectives? My personel evaluation is the policy is achieves it objectives because this Kartika's Kartika's Caning Caning Sentence Sentence Commuted Commuted To Communit Community y Service Service as a lesson to others to stay away from alcohol
5. Suggest or recommend various areas areas for improvements. improvements. I am utt utterl erly y fla flabbe bberga rgaste sted d loo lookin king g at the pre prejud judice ices s and mi misgi sgivin vings gs of
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certain quarters of our people against religious teachings. I am speechless in awe reflecting on the degree of denial and obstinacy shown. Time and again it is portrayed over the ill-perceived conflict between the syariah and civil laws. The recent incident, arguably claimed to have taken the nation by surprise, even considered a sad black day in the history of the country, is the purported local and global ‘outcry’ resulting from the whipping punishment meted and carried out on Muslim (women) syariah offenders not long ago. While Whil e th the e of offe fend nder ers s th them emse selv lves es ob obvi viou ousl sly y ha had d no qu qual alm m abou aboutt th the e punishment, many irrelevant others are immensely immersed and drown into unnecessary perplexing quandary. Human rights advocates have been fighting for equality before law for all genders. Yet, astonishingly, when Islamic law stands in support of their clai cl aim, m, th the e ve very ry sa same me pe peop ople le ac accu cuse sed d Sy Syar aria iah h as un unco comp mpro romi misi sing ng,, inhumane, discriminatory, etc. It is un unde ders rsta tand ndab able le if th the e cr crit itic icis ismm-cu cumm-re refu fusal sal cam came e fr from om th the e no nonnMuslims. But it is almost incomprehensible to witness that the rejection came from the Muslims themselves. Combined together, this group seems to glorify human rights doctrines more than honouring their own religious pronouncements, or the principles of true ethics and morality, if they ever embraced or understood any. This is secularism at its best. It represents a process of secularization as certain section is influencing certain others to shy away from religion and any good value system. Islam does not lay rigid emphasis on punitive actions. The whole religion is about knowledge, education and the inculcation of good values onto human being.. Islam asks Musl being Muslims ims to refe referr to strict legal solution to solv solve e dispu disputes tes only on ly as th thei eirr la last st re reso sort rt.. Ev Even en th this is is al alwa ways ys pr prec eced eded ed wi with th wo word rds s fo forr forgiveness and mediation. Islamic law does not differentiate between male and female offenders. In fact, in achieving salvation, Islam is giving equal opportunity to both sexes. In the recent execution of the punishment, apart from the three women caned, can ed, fou fourr oth other er mal male e cri crimin minals als wer were e flo flogge gged. d. But those hum human an rig rights hts vanguards close one eye on this. For Mu For Musl slim ims s in th this is gr grou oup, p, th thei eirr se secu cula larr in incl clin inat atio ion n ma mani nife fest sts s th thei eirr inadeq ina dequat uate e Isl Islami amic c upb upbri ringi nging, ng, re resul sultin ting g in con confusi fusion, on, and ult ultim imate ately, ly, compounded ignorance. It is ‘compounded’ because even after being told the truth, they stubbornly hold firm to their misunderstanding and false
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beliefs. For the non-Muslims, they appear to have lost the sense of adab, the sense of respect of other religions. Camouflaging under the ‘sacred’ pretext of humanhum an-rig righti htism sm , the they y cl claim aim the que questi stiona onable ble ri right ght to int interf erfer ere e in the domain they have minimal or no knowledge about - Islam. Those Muslim and non-Muslim detractors simply defy authoritative religious precepts, prec epts, authe authentic ntic knowl knowledge, edge, reli reliable able author authoritie ities, s, irre irrefutabl futable e histo historica ricall facts, the rules of reason and logic, and the rules of ethics and morality. In the pro proces cess, s, the they y hav have e con consci scious ously ly or unc unconsc onsciou iously sly bec become ome ath atheis eists, ts, agnost agn ostics ics,, sop sophis hists, ts, and sec secula ularis rists ts par ex excel cellen lence, ce, or any app approp ropri riate ate combination of two or more. It is amazing to learn the paradox that people conveniently acknowledge the authority of certain professionals in certain fields but hardly do the same in some other areas. For example, many will not risk their health or life visiting any unqualified physician for their medical problems and later on question the prescription given. They do not dare challenging any registered lawyer, accountant, engineer, or architect for any matter within their respective fields of expertise and professionalism. Ironically when it comes to religion, many believe that it is a free trade zone for everyone to interfere with. I fail to understand what kind of logic these people are holding to. Pondering upon, we are fortunate because our nation is blessed with an abundant lot of educated people. But it appears that many do not have the wisdom wi sdom that is sup suppose posed d to com come e wit with h tha thatt edu educat cation ion.. A con consid sidera erable ble number simply do not know their limit. One of the signs of wisdom is for one to know one’s limit of knowledge. This implies that one is not supposed to make comments on things that one is not well informed off. If one lacks knowledge on anything, one must first gather a sufficient amount of information, data or whatever necessary to fill the vacuum. Hearsay evidence or mere observation will not do justice to any particular problem at stake. After gaining certain knowledge, only then one may issue any remarks. But even this is to be done with a clear conscience that one may need to responsibly alter or retract one’s opinion if someone more knowledgeable points to him that he is mistaken in certain respects or in the entire subject
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matter. Failure to fulfil the prerequisites, i.e. to cross the aforementioned boundary means one is not wise anymore. Not knowing the limit in a way signifies stupidity. If and when one simply does that, and declines to take right advice, one does not only exposing one’s ignorance, but worse, one’s sheer arrogance. Knowledge is not something neutral. It is laddered with values that one must not ignore: good and evil, right and wrong, beneficial and harmful. In our context of a multi-religious society, every member of every group must always alert of each other’s sensitivities. If a non-Muslim is making unfair comments on Islam and its institutions, no sound Muslims will just keep quiet. Simila Simi larl rly, y, if Mu Musl slim ims s ar are e ma maki king ng no nois ise, e, fo forr in inst stanc ance, e, qu ques esti tion onin ing g th the e rationality of the Christian’s concept of trinity, or the Hindu’s multiplicity of gods, or the practice of the caste system, the leaders and followers of these religions will just shut their mouths doing nothing. Therefore it is extremely important for all groups in our pluralistic society, regardless of our religious and cultural background, not to touch the nerves and sensitivities of each other, especially those that pertain to theology and matters that have been granted by our esteemed Constitution. Let’s affirm the general position that matters of religion do not fall under the purview of any layman on the street, even an educated one, as there are conditions to be met. Let’s maintain the status quo that religion is the business of those qualified experts and professionals. Yes, religion is open to human interpretation, but not just by anybody. If one has fulfilled certain requirements, there will be no objection for one to engage into any religious discussion. In the case of Islam, this applies to ever ev eryb ybod ody y hav havin ing g th the e de desi sire re,, de dete term rmin inat atio ion n an and d ef effo fort rts s fo forr a be bett tter er understanding. I believe that the reality out there is not that worse. All the clamorous hue and cry ove overr cer certai tain n iss issues ues hav have e bee been n sen sensati sationa onaliz lized ed by ir irres respon ponsib sible le perp pe rpet etra rato tors rs li like ke un unsc scru rupu pulo lous us jo jour urnal nalis ists ts an and d ma mani nipu pula late ted d by so soci cial al activists to achieve certain agendas only known best to them. Amidst the above, all that we need to bear in mind is that we shoulder the same responsibility to maintain the long inherited peaceful and harmonious
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living of the nation as it will tremendously drive the country further towards development and prosperity to the benefit of all.
References 1. Al-Q Al-Qur uran an and and Sunna Sunnah h 2.
Portal Portal of JAKIM, JAKIM, JKSM, JKSM, Jabatan Jabatan Penjar Penjara a Malays Malaysia, ia, Persat Persatuan uan Peguam Peguam Syarie Malaysia.
3.
An article to Chronology of issue’s caning of Kartika.
4. World World News: Malaysia Malaysia Says Says Muslim Muslim Women Women Caned Caned James Hookway . Wall Street Journal. Journal. (Eastern edition). New York, N.Y.: Feb 18, 2010. 2010 . pg. A.11.
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