KUALA LUMPUR, Sept 16 — Kartika Sari Dewi Shukarno’s acceptance of the caning sentence imposed by the Kuantan Syariah High Court shows that she is willing to obey Allah’s command and uphold justice, Assistant Professor Dr Badruddin Ibrahim, Head of Islamic Law Department, Ahmad Ibrahim Kuliah Of Law (AIKOL), International Islamic University Malaysia (IIUM) said.
He said in Islam, the consumption of liquor is an offence which should not be disputed, adding the caning sentence on offenders should not be questioned. As such, all parties should respect the Syariah Court’s decision as it was made free from outside interference.
“The court’s caning sentence is based on the law and can’t be questioned and those who dispute it should be charged for insulting the court,” he told a press conference here today.
Part-time model Kartika, 32, had said she accepted the caning sentence and wanted it to be implemented as soon as possible.
Badruddin said implementation of the caning sentence was not against international laws and a form of discrimination against women. Islamic law applies to all irrespective of gender and was humane as the offender’s condition and other factors were also considered.
“Caning is not a form of torture or cruel, inhuman and a derogatory sentence.
“It is not against the Convention on the Elimination Of All Forms of Discrimination Against Women (CEDAW) of which Malaysia is a member, or other conventions which do not bound Malaysia including the Human Rights Declaration 1984, the WAAD Conference on Civil and Political Rights 1966 and the Convention Against Torture or other cruel, inhuman and derogatory sentences,” he said.
On accusations that the caning sentence was against individual freedom, Badruddin said in Islam, human rights should be interpreted in accordance with Islamic needs. He said individual rights should be balanced with the rights of society which needs security and peace.
Badruddin said caning under the Syariah Criminal Procedure Enactment was different than the caning implemented by the civil courts. It was done using moderate force as the hand must not be over the head so as not to injure the skin while the offender was fully clothed.
Dr Mohd Hisham Mohd Kamal, a lecturer at AIKOL also agreed as in Islam, human rights were enshrined in the Al-Quran and had been implemented since the time of Prophet Muhammad.
“Why can’t we look at what Prophet Muhammad had done rather than glorifying the human rights created by Westerners? Fellow lecturer Dr Shamrahayu Abdul Aziz said those who argued on human rights did not understand Islam and Islamic laws.
“Non-Muslims or those who do not understand Islamic laws should just shut up. Religion is about faith. We won’t keep quiet if non-Muslims continue to talk about our faith,” she said.
On July 20, Kartika was fined RM5,000 and caned six strokes of rotan for consuming liquor at a hotel in Cherating on July 11, 2008.
She was charged under Section 136 of the Pahang Islamic Administration and Malay Customs Enactment which carries the maximum RM5,000 fine or jailed not more than three years or both and to be caned six times.
Caning which had been scheduled for Aug 24 was postponed as a mark of respect for Ramadan. — Bernama
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And please justify why Human rights is western idea.Human rights is basic for a person to live as human be it in western world or in the sahara dessert. Even the prophet stood for human rights if you study carefully.Even Silamic Republics are reviewing their islamic laws to make it more humane.What so different than us in a corrupt and cruel Malaysia.Dont use religion for your political agenda. Islam is an ever forgiving and merciful religion.
Its the Taliban facist like this are giving the religion a bad name.