Tuesday, August 18, 2009

Kartika To Be Detained Before Caning

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)

13 comments:

  1. Nuraina

    Looks like they can't wait to get their 'pound of flesh'!!

    What a pity there's no 2nd chance for a first time offender!

    Has she skipped the country already?

    'The quality of mercy is not strained; it droppeth as the gentle rain from heaven....It is twice blest..it blesseth him that gives and him that takes'. William Shakespeare.

    dpp
    We are all of 1 race, the Human Race

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  2. She defied the odds in being caught ..... and she lost! Ignorance is curable but stupidity is terminal.

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  3. temenggong11:36 AM

    What a sad day for malay civilisation, a symbol of the capitulation of the race. Now, a broken people, with a misplaced sense of pride.

    When the caning does take place, all malays will hang their heads in shame! Mine already is. Has been for sometime.

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  4. Women in Netherlands Prove Feminism Wrong

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  5. Anonymous4:03 PM

    Punish if you must but to cane a woman ... sigh, what century are we living in ... reminds me of the other woman in Sudan (I think) ... awaiting sentencing and whipping for wearing pants.
    To the man/men who passed the sentence, have you no mother, no sister, no wife nor daughter? Have you no compassion? A civilised people do not cane/whip another, this is not an acceptable form of punishment, this is call physical violence and abuse! No to caning of this young woman!

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  6. Anonymous6:47 PM

    Nurlina,

    Saya mengaku jahil banyak tentang hukum hakam syar'ie.

    Tidak bolehkah rotan diganti dengan wang ringgit?

    Benda ini akan mengganggu tidur saya. Kalau Menteri Pembangunan Wanita, Keluarga Dan Masyarakat boleh tidur nyenyak "good for her."

    Nurlina please do something.

    Dengan nama Allah yang Maha Pengasih lagi Penyayang sudah tidak ada lagi kah kemaafan di dalam kamus Mahkamah Tinggi Syariah Kuantan?

    pokChad.

    http://www.ikim.gov.my/v5/index.php?cmd=resetall&grp=2&key=1433&lg=1&opt=com_article&sec=

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  7. pok chad,

    maaf...nama saya nuraina bukan nurlina.

    mengenai hukuman sebat terhadap kartika kerana kesalahan minum arak...pihak pakar syariah telah menyatakan dan menjelaskan (dalam laporan sebelum ini) bahawa sebatan tidak kuat, hanya untuk mengingatkan yang bersalah akan kesalahan beliau dan untuk memberi kesedaran. sebatan bukan seperti sebatan hukuman jenayah biasa.
    bererti, kartika tidak akan rasa apa2 dari sebatan yang di kenakan.

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  8. Nuraina,

    ya ampunnn. maafkan pokChad yer. Bila enam puluh macam2lah :-|

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  9. PokChad,

    tak mengapa, PokChad...tak de hal...

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  10. Anonymous11:24 AM

    she wants public canning...

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  11. Sukhi Nahir1:02 PM

    All the Muslim men and women in Malaysia who have been, and will continue, consuming alcohol snce her arrest and sentencing must hang their head in shame. Why is there such selective prosecution by the two forms of legal systems in the country. Why dont both the sets of authorities have the courage to prosecute the rich, the titled and the powerful and their family members? Who cares. I suggest the authorities visit some public drinking places in KL,etc during the fasting month and arrest some people there, if they DARE before carrying out this sentence on a LADY!!!!. My Country I Cry For Thee!!!!!

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  12. Anonymous10:06 PM

    Anonymous said...

    Agreed with you Sukhi Nahir. The rich, the powerful, the titled, the ones staying in palaces will not get this kind of punishment. Not even if a 15 yr old girl is raped ....anyway who are we to question them? We are the ordinary rakyats....not some kind of VVIPS ....Poor Kartika...This is like a caste system M'sian style ....

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  13. Anonymous10:48 PM

    Not only is she to be caned, she also need to endure 7 days of jail term. What kind of stupid Syariah law is Kuantan imposing? The point is a lawyer had been hired for her sentence to be lighten but all fails and as such she now has to go thru all this unnecessary ordeal. Why the maximum penalty? Don't the judge has mercy on this poor girl? Is he a fanatic law graduate? I wonder if he is giving the right decision to execute such sentence.

    "Let Allah judge those who had judge poor Kartika". "Oh Syariah Court, Pls punish me for I have sins, Pls cane me for I repent."

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