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Wednesday, 3 March 2010

The Caning

Today the model who was convicted for drinking alcohol will meet up with HRH Tengku Mahkota Pahang. The purpose of the visit isn't clear. She has said she was willing to be caned. The groovy looking father said her daughter wouldn't appeal. Indeed, there was a sense of defiance when they proclaimed that they were willing to be caned. Let us then meet up with the challenge.

So why are we delaying her caning? 3 women were already caned for other offences. We didn't even know when they were tried and the manner of legal representation accorded to them. It seems to me, the executors of God's laws are trying to emulate God Himself- by operating in mysterious ways.

There is no purpose and benefit of Kartika meeting up with HRH Tengku Mahkota. As far as I know, there is no legal enactment or provisions in the State's Islamic laws that empower HRH Tengku Mahkota or even HRH the Sultan to pardon an offender under a specific heading. Malay Sultans have powers over the Islamic religion yes, but it is a general and universal provision. Their persons give prestige to the institutions executing Islamic laws and ensure the practices, shariah laws and observances are carried out properly. But to intercede between a religious offender and the religious law, is another matter.

Under the Islamic Enactments of the State of Pahang, there appears to be no further appeals beyond the judgment of the shariah court. We don't have an appellate hierarchy as in civil law system. Perhaps the possibility of remitting the sentence to a pardon is a derivative from the universal and general provision of Malay rulers reigning supreme in matters of the Islamic religion. I don't know.

So it is a waste of time for the part time model to meet up HRH Tengku Mahkota Pahang. I support caning her but let us also make into a mandatory and non discriminatory ruling. Let's not be uncompromising when only caning part time models, GROs, daughters of Felda setters. Let us also be steadfast, uncompromising and unyielding and apply the same ruling using the same standards on privileged members of society.

Let's cane the taxi driver responsible for the death of his lover's daughter. They were cohabitating all the while. Let us also cane Razak Baginda because he so much admitted that the murdered Mongolian was his lover.

Let's do it openly. Don't do it sneakily. If the government wants to cane people who break Shariah laws, it must do openly. Convict the wrong doers openly and state clearly under what enactment are people punished. Say it clearly so that the public knows. It doesn't matter which shariah court – the Federal territory or whatever- they must do it loudly.

I can't reconcile these two cases- we haven't caned the part time model. Why are we taking so long a time? The shariah court has convicted her. It's been months after the fasting month last year, we haven't heard her being caned.

If the decision to cancel a maulidur rasul procession can be met with howls of schizophrenic protests, (that's not even a shariah law) then why is it that, the execution of Islamic laws appears to be done on the quiet as though clandestinely? Are the shariah courts scared in implementing God's laws?

We only knew that 3 women were caned when Hishamudin Hussein , the home minister announced it. He was more interested in stating that the women, who had to serve jail sentences too, suffered no bruises. Maybe they were caned with peacock feathers. While doing so, he flipped over pages in a report he is holding. If that is the case, would Hishamudin object, if we were to ask him to allow the women to speak publicly about their punishments away from the gaze of law enforcement officers?

As good Muslims we are not to question the implementation of Allah's laws here in Malaysia. But I think we have a right to ask that the laws be implemented fairly and uniformly.

The shariah officers should not waste any time in going after the young actress rescued by UMNO youth who recently came back. She is said to be a child artist who acted in a few TV dramas who was abducted and was brought to Lombok by her amorous lover. She is now 5 months into pregnancy which is proof that she had continuous sexual relations with her abductor out of wedlock. If she wasn't married and it is impossible for her to have married because she was abducted and a Muslim marriage has to be solemnized and given away by a legal guardian (wali), then she has transgressed many laws. But chief among these is having illicit sex. She too must be made to serve jail sentence and whipped.

22 comments:

Anonymous,  3 March 2010 at 11:12  

Max 6 mths jail or fine not exceeding RM5000 or cane upto 6 times under syariah law. You call that Islamic law? I beg to differ.

There is no jailing mentioned in the Quran and no fine in monetary terms either. Yes there is a mention of 100 lashes for adultery. If really those "holier than thou" want to follow the Quran then just give 100 lashes not 3 or 4 lashes. Anything less is against the Quran and therefore made made-law.

Kalau sembahyang zohor 4 rekaat, tapi di buat 2 rekaat or puasa hanya 10 hari di bulan ramadhan, is this following Islamic teachings? Tidak bukan? Kalau dikata 100 kali sebab, then 100 kalilah. Jail dan denda semua bukan undang2 Islam. Semuanya dicipta oleh manusia. Sebat 6 kali pun dicipta manusia.

Agreed, the laws must apply to everyone. If really canning for drinkers is to be fairly implemented, then many UMNO leaders, royalties, corporate leaders will be lining up to be canned. Easy, just form a "spy squad" to spy on those drinking, like the khalwat squad. If the religious people don't dare to do it, then it is hypocrisy. And you know what Islam says about hypocrites?

Anonymous,  3 March 2010 at 11:23  

UMNO members barred from talking or giving statements about the oil royalty issue. Another stupid move? No?

Anonymous,  3 March 2010 at 12:38  

There is also sense of defiance in your article, Dato.

Yes, this is somethings that you and politician have to think about it. A just islamic law and to implement it slowly from time to time from one case to another. The model issue is a good start.
I urge you guys up there, carefully analyse this issue and show you uphold the islamic law. Otherwise, you may not succeed in the next PRU.

Apocryphalist 3 March 2010 at 12:38  

I think the issue of the caning (or the delaying of it) is very simple:

Charge and cane the actress officially, and you risk of it becoming a precedent case. Tomorrow some guy come in and bring a photo of a big-shot VIP or loyalty guzzling the nectar, make a report, and the entire Islamic Judiciary will be taken to account for selective prosecutions.

Kartika is playing a smart game. Lose a battle, win a war. Suffer the indignity of being caned, win the PR war of exposing how impartial the JAKIM legalities are, of the fact that it is not God that these people are working for after all.

Damn if you do, damn if you don't.

Anonymous,  3 March 2010 at 12:45  

Hello Dato,

You have asked many questions without having the answers for them.

I have one for you. Name me which Government Department in Malaysia honours the Law's of this country.

All the stupid Pemimpin are only interested in their own welfare and not concerned with the suffering Rakyat. Agreements signed, Law's passed are of no value. All this Law's are meant to be broken and dihonoured

Pemerintah yang terdiri dari orang Melayu Islam amat zalim terhadap orang Melayu Islam yang menjadi hamba di tanah tumpah darah mereka sendiri. Contoh amat ketara ialah di Kelantan.

Saya amat sedih dengan keaadan ini. Bila lah Pemimpin kita akan sedah diri.

Anonymous,  3 March 2010 at 13:52  

Spot on Dato. So too should the two former PKR frogs in Perak be caned for their illicit transgression which they have admitted.

zulkifli 3 March 2010 at 14:13  

You almost sound like you're being sarcastic. But if you really are serious, then I fully agree with you. If syariah caning is not meant to inflict physical pain, then we (Muslims)should not feel ashamed of carrying out the punishment. More so, the Prime Minister and the Home Minister. And if we are to portray Islam as just and indiscriminate, as you correctly point out, punish all guilty Muslims across the board. I have seen many Muslims drinking, in "high-class" places, but there has been no news of any influential Muslim being arrested, charged, and punished, what more caned under Islamic law.
The Muslims charged and punished have more often than not, been those in the lower level of society.

nightcaller 3 March 2010 at 14:24  

Sak

Right on. But before that...

Let Kartika be caned because she has already stated that she will not appeal so why the delay. I sense that the govenment's syariah caning of 3 women and 4 men is more of snuffing he thunder from Kartika's case.

On the taxi driver and the lover, let's not pre-judged them as we should be asking ourselves - what have we re:society/government done to prevent them from committing what they have done. Have we provided the necessary courses, warnings, reminders etc? I remember once when my teacher said that during the calph's time before a person's hand were cut (because of stealing), the govt of the day must satisfy itself that there is no reason for the thief to steal (ie there are sufficient jobs, enough welfare to take care of the poor etc) before the sentence is carried out and if there is an inkling of the failure of the govt to provide all the basic necessities to the rakyat, then the sentence will have to be held off. (Correct me if I am wrong here0.

As for the case of the young actress who returned from Lombok, regardless of the claim that they were married, our law said that those below 18 are minors and thus regardless of what the girl said, the man is already guilty of "raping" an underaged girl. Let the sentence be carried out in public - I fully supported you on that. Let it be a lesson and deterrence to others.

If need be, provide a cut off date and all sentences shall be carried out for those convicted on and after 1st Jan 2010.

Till then...G'nite M'sia...wherever u are...

donplaypuks® 3 March 2010 at 14:36  

Bro

The judges may often be textbook correct. But, to repeat an overworn Dickens' cliche:

"Sometimes the law can be an ass!"

The Sultan in each state is the Constitutional head of Islam. He has a duty to ensure that by rigorous adherence to the letter of the law, Islam and Malaysia are not looked down upon nationally and internationally, as Talibanesque! That's how sometimes the cookie crumbles.

And yes, I'm curious to know how Razak Baginda and a certain ex-Selangor MB "got away with it!!"

dpp
We are all of 1 race, the Human Race

donplaypuks® 3 March 2010 at 15:10  

Apocryphalist

Well written. Excellent reasoning and analysis. Kudos!

dpp
We are all of 1 race, the Human Race

Mmm-hmm,  3 March 2010 at 16:38  

I am addicted to your blog.

Yep. Why must Kartika have the privilege to meet HRH?
Is it because she was a Sngapore resident? To all intents and purposes, she is a Malaysian and a daughter of a Felda settler.
She and dad have the gung-ho, the temerity to challenge our Syariah people.
Bear in mind that she has already appeared in the front pages of the NY Times and other world leading papers.
I smell that she is looking for self-publicity in the hopes of becoming a super-model or an actress. Maybe Yusof Haslam might be interested in her.
She's now divorced and of course want to cari makan here.
I dont know how she was brought up.
Being hauled to court and issued punishment did not humble her.
She's shameless. We would hide in a hole if we were in her position.
Cane her right now. After all we have already received world-wide negative publicity on her case.
After all three women had already been caned. Why is artika so special?
It will be a joke if she is pardoned. She asked for the caning.
I agree with you that our ulamaks seem to practise double-standards in meting out punishment as you mentioned.
If nak betul menegakkan Syariah, laksanakan dengan tegas, tanpa pilih bulu.
Yang sebenarnya I tak suka kita orang Islam dicemuh dan dimalukan kerana ditangkap berzina, bersekedudukan, minum arak dan buang bayi.
Bab arak ni, jika nak betul-betul tegas, sampai kiamat mahkamah Syariah tak henti-henti membicarakannya.
I think as a Muslim we must know how to police ourselves not to commit sinful acts.
We dont need to be hauled to courts as deterrent.
P.S. See how the flood-gates of emotions here nak hentam kita, agama kita dan undang-undang kita.

Anonymous,  3 March 2010 at 17:21  

Will someone make a police report on the Rahim Thamby Chik case so that a DNA can be carried out on the possible illegitimate child which he may have fathered because a DNA was not done then.
The outcome of the test will determine if he really fathered the child which could lead him to be guilty and the islamic cane cane be used on him.

walla 3 March 2010 at 20:17  

Forgive me for writing this.

WOMEN SHOULD BE LOVED TO DISTRACTION. NOT CANED TO SUBMISSION.

ONLY MEN WHO HAVE NOT SINNED SHOULD BE ALLOWED TO METE MORAL PUNISHMENT.

SINCE WOMEN LOVE MEN MORE TRULY THAN MEN LOVE WOMEN, MEN SHOULD PUNISH THEMSELVES FIRST SO THAT WOMEN WILL FEEL THE PAIN MORE, LEARN FASTER AND SO BE SAVED.
....................

..accidentally clicked on these:

http://is.gd/9B7BT
http://is.gd/9B81p

if you want to clobber me, my name is walla.

Quiet despair,  3 March 2010 at 21:16  

MMM-Hmm
I agree with you wholly.
I watched on TV3 her audience with HRH Tengku Mahkota.
The Tengku stated that she was relating the pressures she faced after her arrest.
Nowhere did she made an appeal to the HRH.
Th HRH said waiting for her appeal. The minutes of the audience will be submitted to the Sultan.
Think of the hassles on the palace, the security and eveyone due to this one publicity crazy woman.
Who is she to be granted the audience?
Just cane her since she's not repentant.
If she had asked for reprieve, she would have got it then.
But she dared the court and went to the world with her sob story.
Luckily the authorities have now barred her from speaking. If not she will open her big mouth.

Anonymous,  4 March 2010 at 00:20  

dato'

you want to suffer the same fate as Guna of the STAR paper.may be, you are a priviledge lot.

anyway,dato' you are a darn good Msian.

Anonymous,  4 March 2010 at 00:28  

Salam Dato',

Jelas dan nyata nampaknya JAKIM, sistem perundangan Islam,pihak Istana dan orang ramai telah dipermain,diperlekeh dan diperbodoh olih seorang perpempuan yg bernama Kartika, atas sebab dan tujuan apa, kita tidak pasti.Mungkin untuk mecari publisiti atau untuk menguji keupayaan dan ketegasan pihak berkuasa dalam melakasanakan hukuman dan perundangan Islam di negara ini.Jika itulah tujuan nya maka nyatalah beliau telah mecapai kejayaan lebih daripada apa yg diharapkan.Selain daripada mendapat publisiti keseluroh dunia dan berjaya memperlihatkan betapa lemah,tidak tegas dan goyahnya pihak JAKIM dan sistem perundangan Islam dalam melaksanakan hukumannya sehingga menjadi momokan dan sendaan,beliau juga telah berjaya menarik simpati mereka yg memang kritikal dan sentiasa memandang serong terhadap Islam yg mengambil peluang ini untuk membuat komen dan ulasan yg amat negatif yg bersifat menghina dan mencaci Agama Islam.

Apa yg amat dimusykilkan ialah kenapa kita ternampak begitu takut dan ragu-ragu dalam melakasanakan hukuman dan perundangan syariah yg telah diluluskan itu.Kenapa perlu pihak istana turut menyibok dalam kes ini?Bukan kah proses perundangan telah selsai dan hukuman telah dijatuhkan,dan yg kena hukum tidak pernah dan tidak mahu membuat rayuan,tiba tiba kita semacam ditimpa rasa ketakutan atau kasihan yg amat sangat,seolah-olah hukuman yg akan dikenakan itu ialah hukuman mati.

Lalu timbul satu persoalan,apakah fenomena semacam ini menjadi monopoli kita orang Islam atau sifat penakut dan tidak yakin diri ini menjadi sinonim dengan orang Melayu,khususnya mereka yg bergelar pemimpin. Barangkali inilah kesan dan akibatnya kerana kita terlampau cintakan keduniaan dan kemewehan yg melampau atau..apa??

Askar Tua

Anonymous,  4 March 2010 at 03:16  

Melayu tipu Melayu, with the Kelantan Oil Royalty issue,what further proof that the NEP has been hijacked by Umno. Is it surprising if people start to say the Malays speak with forked tongue.

Anonymous,  4 March 2010 at 07:22  

Dato
Out of the 'blues', the 'great' Minister Hishamuddin announced that 3 women have been caned. 'Ai, angin tidak ribut tidak tiba-tiba pokok goyang. When was all this proceedings carried out? Here we have the brave Kartika and her father begging that she be caned but the govt seem to be begging her to appeal that the shariah court can overturn the earlier decisions. Why? Why two sets of laws.
UMNO is playing politics with religion and is misusing even the quran for their ends. Aren't they trying to show the Malays that they are more Muslims then PAS. Why are they trying to cheat the Malays. Every UMNO leader and one famous 'FROG' are after the Malays, making them sound stupid. Are malays that stupid. No. My answer is the malays are too smart for UMNO. Just watch for the coming elections.

Anonymous,  4 March 2010 at 12:15  

Cane saja Kartika disebabkan 3 yg lain dah pun kena. Kalau tidak ini menunjukkan betapa lemahnya JAKIM dan ada unsur2 campur tangan org lain.

Aku tengok Shahrizat dulu bukan main lagi cakap bagi pihak wanita ni Kartika, nampak mengapa pulak tak cakap bagi pihak yg lagi 3 org tu.

Nampak sangat dalam UMNO memang ada unsur nak menjadi juara utk sesuatu isu.

Yang korang tengok menentang2 dan heboh dalam suratkhabar tu sapa punya kerjaaa...Itu sebilangan org yg tak suka dan anda sudah tentu tau sapa yg pegang suarkhabar ni. Petik jari aja depa ikut.

Aku rasa skrg ni dah sampai masa suratkhabar mendapat "suara sebenar" rakyat. Jangan dengar cakap sebilangan yg nak kejar nama dan pangkat dalam UMNO.

Kalau tidak nampaknya kekalahan akan berlaku lagi untuk UMNO. Kali ini bukan kepada PKR, tetapi kepada pasukan lain yg berfikir untuk rakyat. Anda dikalahkan oleh org yg anda tak kenali pun.

Kartika mesti mendapat sebatan seperti yg lain. Kalau tidak rakyat melihat ini semua dengan rasa menyampah. Mungkin juga Menteri Wanita itu pun patut kena sebat sekali, kerana mulut nya dan pengaruh kepada NGo semua inilah yg menjadi kes sekarang ni.

Kalau JAKIM tak melakukan apa yg patut, terima balasan Allah nanti.
It can be kalah dalam PRU nanti, it can be ..ahhh macam macam lah

psc 4 March 2010 at 19:45  

To err is human To forgive is devine

Anonymous,  5 March 2010 at 09:41  

Sepatut suratkhabar melapurkan keadaan sebenar dan suara hati rakyat. Bukan apa tolong kerajaan jugak, apa yg dorang tak berkenan dan puas hati, supaya kerajaan tahu dimana silap dan boleh betulkan.

Lagi satu, mana2 perangai tak elok dan sifat2 yg mementingkan kedudukan sendiri dan keluarga patut dibuang. Kalau tidak penyakit PKR AKAN BERJANGKIT KEPADA UMNO PULA.

AHLI2 UMNO PULA JANGANLAH JADI SEKAM, KETEPIKAN NIAT DIRI NAK REBUTKAN KUASA, PATUT INGATKAN RAKYAT JELATA DAN NEGARA.

KEPIMPINAN ANDA DIPERLUKAN UNTUK MEMPERTAHANKAN NEGARA, BUKAN DIRI SENDIRI.

KALAU INI PUN TAK BOLEH JAGA DAN BERI PERHATIAN, USAHKAN RAKYAT, LAMA KELAMAAN KELUARGA ANDA YG DISAYANGI DAN DIRI ANDA SENDIRI PUN IKUT LEBUR SAMA!

Anonymous,  6 March 2010 at 10:15  

This is just a simple case of the Government does not want to be seen Internationally to be on the same padestal as such countries like Alfganistan or Saudi Arabia where such normal activities by non Muslims (like drinking alcohol ) can get such harsh punishments as caning.

It puts the country into the relm of foundamentalism and that can be very very damaging to the country economically as most investors (who build factories that is not money from oil depositors kind), are non Muslims. Most would never set foot into such countries.


Illicit sex is one thing, to drink alcohol?

That is one of the price to pay to follow the path of foundamentalism and we do see the path is accelerating since the times of P. Ramli (see his movies)

Want to be developed by 2010? Dreadm on.

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