Part-time model Kartika Sari Dewi Shukarno was put on the van to be sent to the jail and to receive her punishment.
But the van turned back halfway, and Kartika was sent home.
It was said she would be spared from the rotan, but it was also said she would be caned only after the fasting month.
To cane or not to cane Kartika has become the focus of public attention, not only in Malaysia, but also in the international community.
If she were to serve her punishment, she would become the first woman in the country's history to be caned for drinking.
As if that is not enough, she might as well become the first Muslim woman to be caned in the region!
Kartika was caught drinking by the religious officials during her vacation in Cherating two years ago. She was subsequently brought to a syariah court.
She pleaded guilty to the charges against her, and was subsequently fined RM5,000 plus six strokes of rotan.
Similar cases did take place in the past, but the the defendants have sought to appeal. While some were later acquitted, others are still awaiting their hearings or have the charges against them dropped.
Unlike others, Kartika does not appeal against her charges. Instead she has requested that the caning be executed as soon as possible and, to the shock of the nation, in public!
No one actually understands what is in Kartika's mind. Those in favour of caning under Islamic laws, especially Islamic clerics, have commended Kartika for her "remorseful attitude" and willingness to accept her punishment.
"To cane or not to cane is an issue between the perpetrator and God." Others who are against caning, especially for women, including Sisters-In-Islam, feel that drinkers should be served with kind advice instead of physical punishment.
Moreover, to cane or not to cane is an issue between the perpetrator and God.
These people have wanted to lend a vocal support to Kartika, but have been discouraged by her own attitude.
Whatever it is, to cane or not to cane has trancended the personal issue of Kartika.
Once the rotan is served, Malaysia will become a country that canes a woman.
And in the eyes of the world, it will also become a deeply entrenched Islamic state!
Even Amnesty International has urged the government not to cane Kartika, showing that the issue has indeed gained some international attention.
That said, if Kartika is spared from the rotan, the government may find it difficult to deal with the conservative Islamic society. Moreover, a verdict has already been passed by the syariah court while the defendant has not made any appeal but has instead requested that the punishment be executed as soon as possible.
Quoting William Shakespeare: "to be or not to be, that's the question."
I would like to rephrase it for our own context here: "to cane or not to cane, that's the question."
There is a technical issue under this dilemma. According to the laws, caning must be executed in a prison, and only a prisoner could be caned.
The syariah court's earlier verdict was to impose fines and caning, no imprisonment.
The question now is, how sould Kartika's punishment be carried out?
This has put the enforcement authorities in a very difficult situation. However, there is something they can do to deliver themselves out of the embarrassment: to spare Kartika from the rotan.
The holy month of Ramadan is one of forbearance and endurance. So, let us seek a way out with a rational mind. (By TAY TIAN YAN/Translated by DOMINIC LOH/Sin Chew Daily)
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
News 
Subscribe to this comment's feed
Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
