Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno

This article will consider the recent decision of the Shariah High Court in Kuantan in relation to the case of Kartika Sari Dewi Shukamo which had received widespread condemnation both from the local and the international community. In Kartika's case, the accused pleaded guilty to the charge of...

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Main Authors: Ali Mohamed, Ashgar Ali, Sardar Baig, Farheen Baig
Format: Article
Language:English
Published: Malayan Law Journal Sdn Bhd 2009
Subjects:
Online Access:http://irep.iium.edu.my/1545/
http://irep.iium.edu.my/1545/1/Drinking_intoxicating_liquor_or_alcohol-the_shariah_punishment_and_with_reference_to_the_case_of_Kartika_Sari_Dewi_Shukarno..pdf
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spelling iium-15452011-08-22T07:04:23Z http://irep.iium.edu.my/1545/ Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig KBP1 Islamic law.Shariah.Fiqh This article will consider the recent decision of the Shariah High Court in Kuantan in relation to the case of Kartika Sari Dewi Shukamo which had received widespread condemnation both from the local and the international community. In Kartika's case, the accused pleaded guilty to the charge of consuming alcohol and was sentenced to six strokes of the cane and a fine of RM5, 000. She accepted the sentence and was adamant that the canning be carried out and that too, in public. Many were however outraged by the severity of the punishment. Among the comments were, inter alia, that the sentence was rather 'cruel, inhumane, degrading and prohibited by the international human right laws'; its administration was rather cruel against women; corporal punishment for Shariah offences must be the last resort against women; as a first time offender, she should not have received the maximum sentence; imposition of fine together with whipping was inappropriate and that canning does not deter rnisbehaviour. Some argued that the negative publicity of the case will affect the Malaysian long standing reputation as a moderate Muslim state and inevitably, the economy of the country. Some have urged the relevant authority to abolish canning from the statute books for consuming alcohol. The Prime Minister of Malaysia had even urged Kartika to appeal against the decision and some have stated that this was sufficient to authorise the Shariah Appeal Court to take the case for review. Some found no wrong in drinking alcohol, among others. This article will therefore, analyse some of these criticisms. Malayan Law Journal Sdn Bhd 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/1545/1/Drinking_intoxicating_liquor_or_alcohol-the_shariah_punishment_and_with_reference_to_the_case_of_Kartika_Sari_Dewi_Shukarno..pdf Ali Mohamed, Ashgar Ali and Sardar Baig, Farheen Baig (2009) Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno. Shariah Law Reports, 4. pp. 1-25.
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP1 Islamic law.Shariah.Fiqh
Ali Mohamed, Ashgar Ali
Sardar Baig, Farheen Baig
Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno
description This article will consider the recent decision of the Shariah High Court in Kuantan in relation to the case of Kartika Sari Dewi Shukamo which had received widespread condemnation both from the local and the international community. In Kartika's case, the accused pleaded guilty to the charge of consuming alcohol and was sentenced to six strokes of the cane and a fine of RM5, 000. She accepted the sentence and was adamant that the canning be carried out and that too, in public. Many were however outraged by the severity of the punishment. Among the comments were, inter alia, that the sentence was rather 'cruel, inhumane, degrading and prohibited by the international human right laws'; its administration was rather cruel against women; corporal punishment for Shariah offences must be the last resort against women; as a first time offender, she should not have received the maximum sentence; imposition of fine together with whipping was inappropriate and that canning does not deter rnisbehaviour. Some argued that the negative publicity of the case will affect the Malaysian long standing reputation as a moderate Muslim state and inevitably, the economy of the country. Some have urged the relevant authority to abolish canning from the statute books for consuming alcohol. The Prime Minister of Malaysia had even urged Kartika to appeal against the decision and some have stated that this was sufficient to authorise the Shariah Appeal Court to take the case for review. Some found no wrong in drinking alcohol, among others. This article will therefore, analyse some of these criticisms.
format Article
author Ali Mohamed, Ashgar Ali
Sardar Baig, Farheen Baig
author_facet Ali Mohamed, Ashgar Ali
Sardar Baig, Farheen Baig
author_sort Ali Mohamed, Ashgar Ali
title Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno
title_short Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno
title_full Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno
title_fullStr Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno
title_full_unstemmed Drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of Kartika Sari Dewi Shukarno
title_sort drinking intoxicating liquor or alcohol: the shariah punishment and with reference to the case of kartika sari dewi shukarno
publisher Malayan Law Journal Sdn Bhd
publishDate 2009
url http://irep.iium.edu.my/1545/
http://irep.iium.edu.my/1545/1/Drinking_intoxicating_liquor_or_alcohol-the_shariah_punishment_and_with_reference_to_the_case_of_Kartika_Sari_Dewi_Shukarno..pdf
first_indexed 2023-09-18T20:08:54Z
last_indexed 2023-09-18T20:08:54Z
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