Thursday, July 23, 2009

Hmmm...... it seems what I have said and commented before was right on target. I always believe the Secular law of the land should remain supreme. I believe slowly and surely it should be made Islamic compliance but not syariah compliance. Are they not the same?, yes and no. Syariah although are God inspired law it is still man made but it is given holy status that whoever question it risk the thought to be regarded as apostate although syariah law as practice is different from one state to one state, to one country to another.

That is the malady which the Ummah seem not to understand. I have and am always against the insertion of section 121(1) and 11(b) of the constitution. Although the spirit of the amendment is good but it is impractical, although it gives the syariah court power making her decision at par with the Secular courts but to me it is an anomaly. For the syariah as practice in Malaya are not uniform,it is the last vestige where the ruler of the state is paramount. Thus each state can virtually pass a law or enacted a syariah law yet is unenforceable beyond the state borders. this made the judgment interesting. Recently a judgment was meted out by the syariah court against a Muslim woman who was found drinking alcohol in Pahang. She was sentence to be canned and a fine was impose on her. It cause so much furore it was laughable. To Sharizats, the Minister of Woman's Affair it was an affront, to Dr Lo'lo the sentence was ridiculous although she would later retract it knowing what she says was a faux pas,after all she is the head of the dewan muslimah of PAS. For me, that is what you get by amending the constitution and by emasculating the syariah court. One day stoning and amputation will be pass and death for apostasy will be law. After all Syariah is for Malays and the passing of the law is the domain of the Malay rulers Remember you can't question the Syariah law and her judgment cannot be overturn by the Civil Courts.Ahh but these laws are only for the Malays, soon any Malay or Muslim caught drinking would be flog 80 lashes in public and those who commit adultery would be stone to death.

That's what the legacy left by Tun, the brilliant Mamak whom the Malays in UMNO idolize so Sharizat shut up since you are a party to these amendments. I am for all making the Syariah independent but I also want the kadi's or the syariah judges be equipped with hikmah which is sorely lacking. Even among themselves they lack decorum and call each others infidels when judgment or fatwa was past without their liking. I prefer that the civil law are made compatible with Islamic ideas then emasculating the syariah, whose law on evidence and procedurals and even international business are outdated. Syariah is just not hudud, it is all encompassing so I laugh when the Malis Ulamak Malaysia says that Syariah does not differentiate between the genders, all are equal when it comes to punishment but something is not right when the fairer sex in the evidence law of the syariah still regard the witness testimony of the female is 1/2 compare to the men. It does not make sense. Historically yes but Woman now participates equally in many fields. to regard them as 1/2 goes again the idea of Islam of regarding them highly. But then the syariah has always been manly in her approach, so has justice been serve or not you decide.

Syariah lawyers association regrets Shahrizat’s statement on whipping of model

KUALA LUMPUR, July 22 — The Syariah Lawyers Association regretted the statement by Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil on the Syariah Court decision to whip a model for consuming liquor.

Its deputy president Musa Awang said the statement was a challenge and insult to the Kuantan Syariah Court.

He was also replying to a similar statement by Titiwangsa Member of Parliament Dr Lo'lo Mohd Ghazali.

Musa said Judge Datuk Abdul Rahman Yunus made the decision based on provisions of the law.

“Any unhappiness with the Syariah Court decision must be made via procedures provided by law,” he said in a statement here today.

Shahrizat said she was shocked by the Syariah Court decision and called for a fair and just punishment. Meanwhile, Dr Lo'lo was surprised that whipping of women was sanctioned by the Malaysian syariah law adding punishment should be educational, and not to cause hurt.

Musa said although whipping for women was not allowed by civil courts, Islam did not differentiate between men and women offenders.

“Their rights and punishments are the same according to Syariah law and in the eyes of God.”

“Although the two leaders intention was to defend women, they should understand the whipping methods according to Islam.”

He said the whipping implemented by Syariah Court was different from that done by Civil Courts.

“Whipping procedures in Pahang are spelled out in detail under section 125 and section 126 of the Syariah Criminal Procedure Enactment 2002.”

Musa said a rotan or small branch should be used for whipping and that it should be not more than 1.22 metre long and not more than 1.25cm thick.

Whipping would not be done on pregnant offenders and would only be done two months after delivery. It must not hit the face, head, stomach, breast or private parts.

“It must be done using moderate force. The punisher should not raise their hands over the head so as not to injure the skin.”

He added the offender’s health should be checked by government health officers who should also be present during whipping. – Bernama

Outrage over caning for model

KUALA LUMPUR, July 23 — A model who was ordered to be caned by a Pahang syariah court for consuming alcohol in public wants the court to expedite the sentence, which has stirred up a controversy.

If her sentence is meted out soon, it could be the first time that a man or a woman is caned under Islamic law.

Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil expressed shock at the ruling while another woman MP from the Islamist party PAS said she was surprised that whipping of women was sanctioned under syariah law.

Muslim lawyers, however, dismissed the criticism, saying they were a challenge and an insult to the Kuantan syariah court.

The woman at the centre of the controversy, Kartika Sari Dewi Shukarnor, 32, told reporters she wanted the ordeal to be over soon to move on with her life.

“I will accept this earthly punishment, let Allah decide my punishment in the hereafter... The court has yet to tell me when the sentence will be carried out, so I would like to ask them to hasten it.

“I truly respect the court's decision... I admit that it's my offence and not that of others, it's not the offence of my parents, not the offence of my other family members,” a teary Kartika told reporters in her home town in Perak yesterday.

She was drinking beer with her husband in a hotel in Cherating, Pahang, two years ago when she was caught by Islamic enforcement officers. She pleaded guilty last year.

She was fined RM5,000 and sentenced to six strokes of the rotan by the Pahang Syariah High Court on Monday.

The mother of two, who is married to a Singaporean and is a Singapore permanent resident, paid her fine on Tuesday and decided not to file any appeal.

Earlier this year, two others, a 22-year-old waitress and a 38-year-old man, were ordered to be flogged for drinking in public. But both have lodged appeals against their sentences, which means Kartika would be the first person to be caned if her sentence is meted out.

Her husband, who is in Singapore, told The Straits Times that he was unhappy with the sentence.

“As a Muslim, I have the right to teach her and punish her myself because I'm her husband. That's what Islam taught us,” he said, adding that he wanted to remain anonymous.

“I don't understand why they decided to punish her. I don't think it's fair but let's leave it to God to judge the actions of those people who punished my wife.”

In Malaysia's dual-track system, women convicted under its civil jurisdiction are not caned. But the caning for women under the syariah system is less harsh.

Kartika's father, Shukarnor Mutalib, 60, said the punishment by the court was according to the Islamic laws in Malaysia and that the incident had taught his daughter a useful lesson.

But Shahrizat, the Women, Family and Community Development Minister, did not feel it was a fair and just punishment when she expressed shock at the decision, adding that her ministry was following the case closely.

Titiwangsa MP Lo'lo Mohd Ghazali, who is also head of the women's wing of the opposition PAS, said that punishment should educate and not cause hurt.

Responding to the criticism, Syariah Lawyers Association deputy president Musa Awang said the judge had made the decision based on provisions of the law.

“Any unhappiness with the syariah court decision must be made via procedures provided by law,” he said.

“Although the two leaders' intention was to defend women, they should understand the whipping methods according to Islam,” he was quoted as saying in a statement yesterday.

He said the rotan used in caning women should not be more than 1.22m long and not more than 1.25cm thick. He also highlighted the “moderate force” used. — The Straits Times

Shock over whipping sentence

Submitted by pekwan on Wednesday, July 22nd, 2009
Ministry upset over unprecedented move by Syariah Court
Wednesday, July 22nd, 2009 06:26:00
Syariah
WOMEN leaders from two opposing political camps have come out strongly against the whipping sentence meted out on a 32-year old model for drinking beer by a Syariah court in Kuantan early this week.

Women, Family and Community Development Minister Senator Datuk Seri Shahrizat Abdul Jalil expressed shock over the unprecedented sentence.

"I am extremely shocked and feel very strongly about this new development. Though it is wrong in Syariah to consume alcohol, the punishment must be fair and just," she said, adding her ministry is following the case ery closely.

"What is wrong is wrong but the implementation of the Syariah must be fair and just to everyone, including women," she said, adding in civil law there is no provision for women to be caned.

As much as she wants to express her feelings, Sharizat said, being a former officer of the court she has to restrain herself as the case has gone up for appeal.

Echoing a similar opinion, the Member of Parliament for Titiwangsa, Dr Lo'Lo Datuk Mohd Ghazali, noted that she was surprised that caning or whipping of women was sanctioned under the Syariah law in Malaysia.

"The punishment must be more educational rather than causing hurt to a woman to make her reform," she said, adding the whipping sentence was very harsh.

It's the first time she is hearing about a whipping punishment. "So far nobody, not even a male, has been whipped under the Syariah in Malaysia," said the Pas Women wing head, who last month came to the defence of Sisters in Islam after PAS announced that it wanted the National Fatwa Council to ban the non-governmental organisation.

"I do not know how the whipping punishment is going to be carried out on women. Is it going to be symbolic or real whipping," she said.

Whipping is a norm in many Islamic States. Last month in Bangladesh a widow was whipped 202 times and a man 101 times following a fatwa by a religious leader for their alleged involvement in "anti-social activity" in a village in south eastern Bangladesh, prompting local protests and action by the police.

Piara Begum, a widow of 40, and Mamun Miah, 25, were whipped before hundreds of people at Khaiyar in Comilla district. The woman fell unconscious and was rushed to hospital and was admitted for intensive treatment.

On Monday in Kuantan, Syariah judge Datuk Abdul Rahman Yunus fined the model RM5,000 and imposed six whippings after she pleaded guilty to consuming an alcoholic drink in public last year. In making his ruling, judge Abdul Rahman said that if Kartika Sari Dewi Shukarnor, from Sungai Siput, Perak failed to pay the fine of
RM5,000, she would be imprisoned for three years.

Kartika was accused of consuming a beer at Cherating Bay Lounge, the Legend Hotel in Cherating at about
11.40pm on July 11 last year.

She was charged under Section 136 of the Pahang Administration of the Islam Law and Malay Custom Enactment. The accused, who cried when the judgement was delivered, said she would file an appeal
through her counsel, Mohd Zuki Che Mat Ghani. Syariah deputy public prosecutor Saiful Idham Sahimi appeared for the prosecution.

Outrage over caning for model

KUALA LUMPUR, July 23 — A model who was ordered to be caned by a Pahang syariah court for consuming alcohol in public wants the court to expedite the sentence, which has stirred up a controversy.

If her sentence is meted out soon, it could be the first time that a man or a woman is caned under Islamic law.

Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil expressed shock at the ruling while another woman MP from the Islamist party PAS said she was surprised that whipping of women was sanctioned under syariah law.

Muslim lawyers, however, dismissed the criticism, saying they were a challenge and an insult to the Kuantan syariah court.

The woman at the centre of the controversy, Kartika Sari Dewi Shukarnor, 32, told reporters she wanted the ordeal to be over soon to move on with her life.

“I will accept this earthly punishment, let Allah decide my punishment in the hereafter... The court has yet to tell me when the sentence will be carried out, so I would like to ask them to hasten it.

“I truly respect the court's decision... I admit that it's my offence and not that of others, it's not the offence of my parents, not the offence of my other family members,” a teary Kartika told reporters in her home town in Perak yesterday.

She was drinking beer with her husband in a hotel in Cherating, Pahang, two years ago when she was caught by Islamic enforcement officers. She pleaded guilty last year.

She was fined RM5,000 and sentenced to six strokes of the rotan by the Pahang Syariah High Court on Monday.

The mother of two, who is married to a Singaporean and is a Singapore permanent resident, paid her fine on Tuesday and decided not to file any appeal.

Earlier this year, two others, a 22-year-old waitress and a 38-year-old man, were ordered to be flogged for drinking in public. But both have lodged appeals against their sentences, which means Kartika would be the first person to be caned if her sentence is meted out.

Her husband, who is in Singapore, told The Straits Times that he was unhappy with the sentence.

“As a Muslim, I have the right to teach her and punish her myself because I'm her husband. That's what Islam taught us,” he said, adding that he wanted to remain anonymous.

“I don't understand why they decided to punish her. I don't think it's fair but let's leave it to God to judge the actions of those people who punished my wife.”

In Malaysia's dual-track system, women convicted under its civil jurisdiction are not caned. But the caning for women under the syariah system is less harsh.

Kartika's father, Shukarnor Mutalib, 60, said the punishment by the court was according to the Islamic laws in Malaysia and that the incident had taught his daughter a useful lesson.

But Shahrizat, the Women, Family and Community Development Minister, did not feel it was a fair and just punishment when she expressed shock at the decision, adding that her ministry was following the case closely.

Titiwangsa MP Lo'lo Mohd Ghazali, who is also head of the women's wing of the opposition PAS, said that punishment should educate and not cause hurt.

Responding to the criticism, Syariah Lawyers Association deputy president Musa Awang said the judge had made the decision based on provisions of the law.

“Any unhappiness with the syariah court decision must be made via procedures provided by law,” he said.

“Although the two leaders' intention was to defend women, they should understand the whipping methods according to Islam,” he was quoted as saying in a statement yesterday.

He said the rotan used in caning women should not be more than 1.22m long and not more than 1.25cm thick. He also highlighted the “moderate force” used. — The Straits Times

Lo’ Lo’ terkejut hakim syariah berani jatuhkan hukuman sebat

KUALA LUMPUR, Julai 24 – Anggota Parlimen Titiwangsa, Dr Lo’Lo’ Mohd Ghazali berkata, beliau terkejut dengan keberanian hakim mahkamah syariah menjatuhkan hukuman sebat kepada seorang model sambilan yang didapati bersalah meminum arak.

“Apabila Mahkamah Syariah Kuantan menjatuhkan hukuman sebat ke atas model tersebut, ini membuatkan saya terkejut.

“Bukan terkejut kerana hukuman tetapi terkejut kerana keberanian Hakim Mahkamah Syariah tersebut. Syabas kepada beliau,” kata Lo’Lo’ mengulas isu tersebut.

Hakim mahkamah syariah Kuantan baru-baru ini menjatuhkan hukuman sebat ke atas Kartika Sari Dewi Shukarnor kerana bersalah meminum arak di tempat awam.

Kartika Sari Dewi kemudiannya berkata beliau telah menginsafi perbuatan tersebut dan memohon agar hukuman sebat ke atasnya dipercepatkan.

“Moga Allah menerima taubat hambaNya yang menyesali kesalahan,” kata Dr Lo’ Lo’ dalam kenyataannya.

Media baru-baru ini melaporkan, pesalah itu, Kartika Sari Dewi melahirkan kekesalan dan berdoa agar kesnya itu menjadi pengajaran kepadanya.

Menurut Lo’ Lo’, hukuman sebat dalam Islam mestilah dibezakan dengan hukuman sebab dalam kes jenayah.

Ini kerana, sebab dalam Islam lebih kepada pengajaran bukannya untuk menyeksa atau menyakitkan pesalah.

Persoalannya, kata Lo’ Lo’, “Adakah hukuman sebat di Mahkamah Syariah dilakukan dengan kaedah yang sama? Inilah kebimbangan yang saya sebutkan kepada wartawan tersebut bimbang hukuman sebat ini dianggap sebagai hukuman Mahkamah Sivil sehingga memberi tanggapan buruk kepada Mahkamah Syariah, lebih-lebih lagi yang dihukum seorang wanita.

“Ini yang perlu diperjelaskan. Inilah maksud saya bila saya mengatakan hukuman sepatutnya untuk tujuan pengajaran, bukan untuk mendatangkan kecederaan,”jelas beliau.

Lo’ Lo’ dalam kenyataannya juga berkata, pihak berkuasa Malaysia iaitu BN dan Umno perlu ‘merotan’ Pengurus MAS (Penerbangan Malaysia) yang telah menyebabkan semua yang berada dalam penerbangan MAS itu terlibat secara langsung dengan arak.

“iaitu dari pramugara/i yang hidang arak sehinggalah pilot yang mengemudi kapal terbang tersebut,” katanya.

“Begitu juga perlu ‘disebat’ pihak yang terbabit berpuluh-puluh tahun membiarkan orang-orang Islam terlibat secara langsung dengan arak di hotel-hotel, 7- Eleven, pasaraya-pasaraya dan pekerja-pekerja Islam di kilang Carlberg,” katanya lagi dalam kenyataan itu.

Malaysia debates caning of woman

KUALA LUMPUR, July 25 — Datuk Abdullah Mohd Zain, religious adviser to the prime minister, has brushed aside criticisms that an Islamic court ruling to cane a woman for drinking beer is harsh, saying she had broken the law.

Abdullah told The Straits Times yesterday that Muslim women leaders who criticised the court’s decision did not know that syariah caning is “not as brutal as the civil court’s corporal punishment”.

“Criticisms are normal, but it is not fair for non-Muslims to criticise the syariah law. The Muslims criticise it because they do not know how the caning is done.”

He was commenting on the Syariah High Court ruling in Pahang on Monday which sentenced a 32-year-old Malaysian woman, Kartika Sari Dewi Shukarnor, to six strokes of the cane.

“Not many Malaysian Muslims know what syariah caning is like, that is why they are shocked over the punishment,” said Abdullah, adviser on Islamic issues to Prime Minister Datuk Seri Najib Razak.

Under an Act on Islam in Malaysia that was passed in 1984, the female offender must sit when being caned. The officer will use a smooth branch or rotan that is slightly thinner than those used to whip men in a civil court punishment. The officer must not raise his hand higher than his shoulder to ensure that the caning is moderate.

But women leaders including Islamic law experts, social activists and politicians condemned the punishment, the first time that a woman would face judicial caning.

“From my experience, in nearly all cases, the normal practice is for the judge to take into consideration all the facts and mitigating factors. The offenders will usually be fined,” said Universiti Malaya Islamic criminal law expert Siti Zubaidah Ismail in the New Straits Times yesterday.

Women’s Aid Organisation executive director Ivy Josiah said: “We are mortified that a court would even consider imposing caning on a woman, especially when women are exempted from caning under the penal code.”

But other religious leaders and syariah lawyers felt that the punishment was not unjust.

“Punishment like caning and stoning have existed in Islam but we will not see it being carried out in Malaysia as long as the country is governed by secularists,” said Parti Islam SeMalaysia spiritual leader Nik Aziz Nik Mat.

Kartika, a Singapore permanent resident, was caught by the Islamic authorities for drinking beer while on a holiday with friends in Cherating, Pahang, two years ago. She pleaded guilty last year. She was also fined RM5,000.

Her father, Shukarnor Abdul Mutalib, told The Straits Times that Kartika is now resting in their family home in Perak.

“I’m not asking for the court to punish my daughter, but I just want them to carry out the decision that they’ve made.

“But now that the case has become a national issue, let’s see how they are going to do it,” said the 62-year-old businessman.

He also clarified that Kartika was a hospital worker in Singapore, and not a model as reported by the media. — Straits Times

1 Comments:

Blogger Erika said...

Hilarious & Humorous News. Does caning teaches repent? Islam teaches that in marriage the husband is a Khalifah.. He who guides the family and teaches the right from wrong. There is no perfect being in this world. The court should have requests the husband to enlighten her when appeal was made.
In civil court rulings, there is such a thing as first time offender or repeat offenders of either which has different penalties or severities. Caught for drinking in hotel lobby - WHIP... What abt drink driving? Is the matter going to be deal in civil or syariah court? Destroying one's life is also considered a sin in the eyes of Allah the Almighty.

6:38 AM  

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