Malaysia – Kartika’s Caning Sentence Commuted to Community Service

In a Press Statement issued by Sisters in Islam (SIS), the Malaysian women’s
group, one of the most well-known nongovernment groups in this Muslim-majority
country, registered their happiness with the decision by Sultan of Pahang, Duli
Yang Maha Mulia Tuanku Sultan Haji Ahmad Shah, to commute Kartika’s caning
sentence to community service. According to Kartika Sari Dewi Shukarno’s
father, Kartika received a letter dated March 26 from the Pahang state Islamic
and Malay Culture Council on Wednesday, informing her the Pahang Sultan had
decided to spare her the caning. Kartika, a former part-time model, was
sentenced in July last year to six strokes of the cane and a fine RM5,000 for
drinking beer in December 2007 at a beach resort, in violation of ‘Sharia’
laws. Meanwhile, The Malaysian Assembly of Mosque Youth (MAMY) is seeking an
order from the High Court to prevent SIS Forum (Malaysia) from using “Sisters
In Islam” as its name and identity because of its criticism of the application
of these laws.

Her father said Sultan Ahmad Shah had agreed to commute the caning sentence
and ordered Kartika to perform community service for three weeks. Kartika told
reporters that she had “mixed feelings” about the reprieve. “I
was shocked because this was unexpected,” she told the Associated Press. She
said she felt “tortured” while waiting to be caned and now feels the punishment
should have been carried out. “But I will follow the Sultan’s orders,” AP
quoted her as saying.

Kartika 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, adding that her two children would be
left in the care of her parents at their home in Kampung Jawang, Sungai Siput
near here while she completed her sentence.

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.

In Kuantan, Tengku Mahkota Pahang Tengku Abdullah Sultan Ahmad Shah said the
Sultan exercised his wisdom in lessening the punishment on Kartika.

“The Sultan has the final say in the matter and he also arrived at the
decision based on humanitarian grounds,” he told reporters when met after the
Pahang-Selangor match in the Tun Abdul Razak Cup hockey tournament at the
Pahang Sports Council Hockey Stadium.

In Kuala Lumpur, Minister in the Prime Minister’s Department Datuk Seri
Mohamed Nazri Abdul Aziz welcomed the decision by the Sultan in commuting the
caning sentence on Kartika to community service.

“It is good, it is his prerogative (Sultan’s), I welcome the lessening of
the punishment because to me, punishment by caning should be the last resort,”
he told reporters at parliament’s lobby.

Datuk Seri Jamil Khir Baharom, Minister in the Prime Minister Department in
charge of religious affairs, also supported the decision by the Sultan to
commute the caning sentence on Kartika.

“It is within the Sultan’s powers to commute  the  sentence, all
quarters should accept the decision of the Sultan,” he said.

Meanwhile, Sisters-in-Islam executive director Dr Hamidah Marican said her
organisation also welcomed the decision.  — Bernama

The decision by Sultan Ahmad Shah of Pahang to commute Kartika Sari Dewi
Shukarnor’s caning sentence to community service was the prerogative of the
Ruler, said Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz.

“The Sultan is the highest authority in the administration of Islamic
matters (in Pahang). He has the discretionary power to mete out sentences based
on public interest. He has acted within his power,” he told reporters at the
Parliament lobby.

Nazri said this when asked to comment on the action by the Syarie Lawyers
Association of Malaysia in questioning the decision to commute the caning
sentence.

Kartika Sari Dewi, 33, was ordered by the Sultan to do three weeks of
community service at the Tengku Ampuan Fatimah Children’s Home.