On July 21, 2009, Kartika Sari Dewi Shukarnor, 32, was slapped with the sentence and also a 5,000 Malaysian ringgit fine by the Syariah High Court, as consuming alcohol is prohibited under Islamic law. The part-time model was caught with her Singaporean husband when syariah officials raided the nightclub they were visiting.
Alcohol, Corporal Punishment and Syariah Law
There are two main schools of thought pertaining to corporal punishment. It has been phased out from much of the Western world, where it is perceived to be inhumane and degrading. In many parts of Asia and Africa, however, corporal punishment is still legally practised as a warning to deter potential criminals.
Under Islamic syariah law, flogging is routinely meted out as a punishment for various offences, ranging from rape to drug trafficking. The whipping is carried out with a long, thick length of rattan which causes intense pain, breaks open the skin and leaves lasting scars.
Many drinkers, including the large populations of Chinese and Indians in Malaysia who are not subject to syariah laws, would argue the fact that alcohol consumption is such a minimal offence which could hardly be considered a crime, in lieu of other more serious threats to social stability like rape and murder.
However, it is clearly stipulated in the Quran that alcohol is prohibited, and any substance which causes intoxication is forbidden to Muslims. In Surah Al-Maaidah verse 90, it is stated "O Ye who believe! Intoxicants and Gambling, Sacrificing to Stones, and (divination by) Arrows, are an abomination, of Satan's handiwork; Keep away from such, that Ye may prosper."
Differences in Interpretation of Islamic Law on Drinking
The more contentious issue which has divided Muslim scholars, politicians and the public alike, is the severity of the sentence. Unfortunately, the punishment for drinking is not set in stone in either the Quran or the Sunna, hence Muslim courts are in dispute over whether it should fall under hudud (fixed punishments) or ta’zir (administered at the discretion of the judge).
In this case, Kartika’s sentence, while harsh for a first time offender, can be considered relatively light as the maximum punishment is 80 strokes of the cane. However, according to Professor M. Azam Adil from the University of Technology Malaysia, caning and the death penalty are forbidden against women in the Hanafi school of thought. Even apostasy, which he perceives as a more serious offence, is punishable by jail sentences rather than flogging.
Education Through Shame?
According to the New Straits Times, the mother of two pleaded for the court to hasten her whipping, so she could move on from the ordeal, "I will accept this earthly punishment, let Allah decide my punishment in the hereafter."
She also advised youngsters to take heed from her experience, to prevent causing shame to their families. Her father Shukarnor Mutalib maintained that his daughter had been given adequate care and religious lessons since youth and the incident had taught her a very useful lesson.
References:
- Women Living Under Muslim Laws: News and Views.
- Inter-Islam: Islam Prohibits Alcohol.
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