The image of Malaysia as a modern, moderate and progressive Muslim country is fast eroding. Corporal punishment including whipping, is barbaric

MONTHS earlier, we were given the impression that Kartika Sari Dewi Shukarno would have been the first woman to be caned, under syariah law, for consuming beer.

Today, we are appalled to read that three women were whipped recently for having extra-marital sex. The image of Malaysia as a modern, moderate and progressive Muslim country is fast eroding.

Malays and Muslims must feel the restraint of two laws, civil and syariah, burdensome and count themselves as possibly the most oppressed in the nation. Muslim women, in particular already suffer intense discrimination.

Although the details are sketchy, the three women were found guilty of illicit sex. Their punishments included caning and a jail sentence. The furtive manner this case was reported has also taken many women NGOs by surprise.

The Kartika episode, fresh in everybody's mind, is still under review; it courted numerous legal and political wrangles. This latest case, however, has even prompted the Bar Council president to issue a statement questioning why the punishment on the three women was allowed to proceed, especially as the issue of caning women, was still being debated.

Undoubtedly, Malaysians must fear the rising threat of Islamic fundamentalism in the country. According to the Home Minister, the whipping 'did not leave a mark'. This is of no consequence. Corporal punishment including whipping, is barbaric. The lessons learnt are short-term.

Moreover, studies have shown that teaching by fear using pain and humiliation, are neither developmentally enhancing nor effective. If the sentence was meant to educate, it probably will not because caning is a cruel, inhuman and degrading practice. It also goes against the Human Rights convention.

There are more questions that arise from this case. What happened to the men who were also caught? What punishments did they receive?

All Malaysians, and not just Muslims, should fear the rise of the strict interpretation of syariah law in our society. 1Malaysia cannot mean two laws. It is also an erosion of our civil liberties.

Moreover, in the hypothetical case of an adulterous relationship between a Muslim and a non-Muslim, the Muslim will expect to receive a stiffer punishment. As it stands, the law is ambiguous in cases such as these.

There is raging condemnation, from both within and outside the country, about caning of women in Malaysia. However, it is obvious that the authorities have not heeded the sensitivities and concerns of the many individuals, institutions and NGOs.

Kartika's case set a precedent and highlighted many unresolved issues. Therefore, how can it be right that the caning of these three women was permitted? It is a sad day for Malaysian justice and especially for women.

MM
18/02/09

3 comments:

Anonymous said...

Dear sir,
I wish I could agree with you but I can't. The way you wrote showed that, sorry to say, you did not know much about Islamic Laws. Please be fair, sir, in giving opinions. I believe we as Malaysian, can agree on the freedom of being religious. Islamic Laws has no discrimination towards men and women, rich and poor, and especially between the rulers and the people. I don't think I can write that long to give the detailed information over the Islamic Laws, but, I believe you are a well educated man/woman, and I believe you are also an open-minded person, so could you please do more research over the matter? Perhaps by doing so, you will understand us more, and will not simply slap the law as cruel or barbaric, because we, as muslims, can also say the same thing over others belief, but our religion taught us to respect others beliefs and we are not allowed to condemn any of their laws or practice. Perhaps, you can do the same thing to us.Thank you.

Anonymous said...

During Thaipusam, cucuk hidung,cucuk mulut that is more than babaric. Stupid practice.

Anonymous said...

1st comment-Perhaps you're right about islamic law,then how in the world it doesn't work on rulers,politicians and so called the elites from umno? are they above the islamic law?.Do explain,thank you....

2nd comment-We cucuk ourselves and not your ass,we attract foreign tourist unlike you scare them away with your barbaric acts.Convert new born babies and snatch dead bodies against the next of kin will!!! i'm not against Islam,like any other religion it teaches the right things,it's just the fanatics going round and create all kinds of nonsense for political gain.