Syariah's predicament : which way now?

The best part is when Hishamuddein Hussein, Malaysia's home minister admitted they do not have the expertise to carry out the caning. Pleeeeasee..that's about the lamest excuse I have ever heard. Is this to say that whatever written in syariah ruling is there for show? This is not a new ruling. It has been there years ago and the home ministry should have arranged for their officers to visit Saudi Arabia, Pakistan, Indonesia to "study" the caning system. It is not something that comes out of the blue.

1. It started with just a simple judgement. The Kuantan syariah court found a Muslim model guilty of consuming alchohol in public and sentenced her with RM 5,000 fine and 6 strokes of rotan.
2. The judgement opens up intense discussion from those who agree and those who disagree with the sentence. This scribe covers it in a posting titled "Caning for alchoholic consumption : can or cannot?" You can visit the posting again, here.
3. Then comes the poser. Where will the caning done? The model, who accepted her fate requested for a public caning. The prison says that they only carry out the caning sentence to prisoners.
4. If she is not a prisoner, how can the prison authority carry out the caning? Dilly dally..and Kuantan syariah court decided to carry out the sentence during the first week of Ramadan al-Mubarak. Not only that, they have arrange for a van to pick the model up on Monday to be transported to Kajang prison, in anticipation of the caning sentence.
5. Then...out of nowhere, the order came to release the model and the caning sentence has been deferred to after Ramadan. At the same time, it has received international coverage.
6. Back home, Tun Mahathir posted a few question in his blog regarding the issue. Basically he is openly asking :-
   • whether the judge has erred since the model is a first time offender;
   • whether the punishment meted out obtained in Malaysia syariah laws;
   • whether there is mercy for first time offender;
     

7. Najib, on his part stressed that there are still avenues for the model to appeal whilst a former program manager of SIS is more concerned about the Islamic image that Malaysia is projecting with regard to this issue.
8. Some women NGOs' wanted justice for the model.
9. Of course it is difficult to satisfy everyone. But, in aswering to all the news and views, please give a thought to the following :-
   • why is Najib commenting on the issue and indicated that there still room to appeal? The model had decided that she will not appeal and instead will go through the sentencing. It is not a matter of exhausting the avenues for appeal, it is a matter of the model determined to see the sentence carried out. So, why is Najib hinting on appeal? Is the federal government caught in a catch 22 situation?
   • Islamic image is what we made them out to be. Do we want to be seen as harsh and conservative like how the rest looks at Saudi Arabia? Or do we want others to see Islamic image as weak and indecisive? If we cannot make a unified stand on this issue, then what chance do Muslims have in facing bigger and graver issues?
   • some wanted justice for the model. What justice? Are we fiddling on justice to Western standards? Does justice mean bowing to the pressure of the so called human rights? If that is the case, are we conforming to logical laws (made by man) or are we subject to divine laws (as guided by Koran and Hadiths)? What about those who believe in Christianity, Buddhists and the rest? Are they subject to change their views and laws to satisfy the so called human rights group?
   • the question of whether the judge erred in meting out the sentence to first time offender is best answered by the judge. If he has erred, then couldn't the higher syariah court make right what is wrong? Does this means that our syariah court judges are incompetent? Are we saying that the syariah court judges inexperienced?
   • And if we pardon first time offender, will we be extending pardons to all first time offenders? will we be pardoning first time snatch thiefs, first time rapist? first time robber? first time murderer? If we pardon first time offenders, will they go for second time or third time and becomes habitual law-breakers?
   • on whether the sentence is prescribed in the Koran or not, Tun M of all people with his vast reading knowledge should know that as Muslims , we follow both the Koran and the hadiths. And surely the syariah laws are based on guidance from Koran and hadiths.
     

10. It shall be noted that it was the Kuantan syariah court that sentenced the model. Bear in mind that Kuantan is in Pahang and Najib hails from Pahang. In short, it is Najib's state that passed the judgement.
11. It shall also be interesting to see the what if situation. What if the sentence was passed by one of the states controlled by PR? Will BN jump in claiming that the states are going ultra-conservatives? I am sure BN leaders, including Zahid Hamidi will pounce on the issue and blame PR for wrecking havoc.
12. Do all the Malay states (those with Sultans as the head of Religion) has the same syariah rule? If yes, why this case happens only in Kuantan, Pahang? Are the other states religous department sleeping and not doing their job arresting Muslims consuming alchohol in public?
13. The best part is when Hishamuddein Hussein, Malaysia's home minister admitted they do not have the expertise to carry out the caning. Pleeeeasee..that's about the lamest excuse I have ever heard. Is this to say that whatever written in syariah ruling is there for show? This is not a new ruling. It has been there years ago and the home ministry should have arranged for their officers to visit Saudi Arabia, Pakistan, Indonesia to "study" the caning system. It is not something that comes out of the blue.
14. Hishamuddein's statement demonstrate the federal government's insincerity of syariah rule implementation. Is caning included in the sentence for show? Something to be looked at as a prized item? Even if the home ministry do not have the expertise, I am sure there are many Islamic scholars from both BN and PR who has seen caning before. Why not sought their views? Is this that difficult?
    
15. And whilst we are at it, it is frighteningly sad that this issue has been blown out of proportion. Although this scribe is happy that professional Muslims come out to air their stands, the same cannot be said in cases of apostacy. What is SIS's stand on this? What is Mahathir's views? What is Najib's advise?
16. Isn't apostacy a bigger issue? Why dwells on tit-bits when there are bigger issues at hand?
17. Back to the model, this scribe feels that the trauma that she is facing is sufficiently enough as a lesson to her. She has been publicly identified and has been put in the spotlights for days which is already sufficient to act as a deterrent to others. But, I have to admit that I am not a syariah practisioner and as such I have no standing in this issue.
18. Islam is a compassionate religion. And even in starting to recite the Koranic verses, Muslims read "In the name of Allah, the most merciful and the most benevolent". With that, this scribe lets the readers to form their own opinion in this issue.
19. Before signing off, there are other related matters that need to be cleared up. Why the model? Why a woman? Isn't Pahang religous department men enough to arrest male Muslims consuming alchohol in public? Is the department implying that Muslim males do not consume alchohol in Pahang? Is the department sending a message to say that Malaysian-based Muslims do not cosume alchohol in public?
20. By the way, the religous department enforcers can surfed the net and they will find artistes openly drinking (or are they acting) alchohol in public places. And if they do not know where to begin, try ohartis.com as a starting point.
21. As a footnote, this scribe believe that the caning sentence should be carried out. And for those who think that the caning is brutal, please note that in Islam, the person who carry out the caning must not expose his armpit (or if he were to place a book between his armpit and the hand, the book will not fall when caning is done). What does that mean? It means the Islamic caning is not as savage as civil caning and the primary role of Islamic caning is to deter and to serve as reminder in stopping repeat offenders.

p.s. For those who need to know more on Islamic views on alchohol, its implications and sentencing (as carried out during prophet Mohamad pbuh and his companions, pls go here.

p.s.s. For those who wants to know how the Pahang syariah laws say on the caning method for offenders, please refer here.

Till then...G'nite M'sia...wherever u are...