No Provision in Syariah Law For Community Service-ABIM

The decision by the Sultan of Pahang, Tuanku Sultan Haji Ahmad Shah to commute model Kartika Sari Dewi Shukarno has drawn mixed responses from various Muslim NGOs, some claimed that the royal decree was against the syariah law, while others lauded the Sultan's decision.
Syariah law practitioners including the Muslim Lawyers Association (PPPM) were of the view that the decision by the Pahang Sultan is against the syariah law, but Minister in the Prime Minister's Department Dato' Seri Nazri Aziz, in lambasting the association, argued that the Sultan being the highest religious authority in the state has the right to commute the punishment.
The question of a Sultan's largely ceremonial role in Malaysia's constitutional democracy reached its peak during the height of the Perak Government takeover by Barisan Nasional last year when three Pakatan Rakyat assemblypersons defected from their respective parties. But the questioning of the Sultan's role as the highest authority in Islamic affairs by several parties was perhaps the first of its kind in recent years. PPPM also pointed out that the decision does not take into account the wishes of Kartika who wanted to be caned according to the Syariah law. Many syariah lawyers even though remain hopeful, fear that this could be a precedent to any future cases.
The dilemma of the issue has only raised more questions than clear answers. To what extent does the Sultan have the power to commute sentences imposed by the Syariah Court? To begin with, why does Kartika refuses to appeal the caning punishment?
Everybody seems want to give their views and everybody thinks they know what is best for Kartika and syariah law. But I believe what Kartika really want now is just to get the whole issue over and move on with her life. That is why she accepted the punishment and refuses to appeal to the court's decision.
In attempt to get a clearer explanation and views of the matter, Klik4Malaysia spoke to Fadhlina Siddiq, Vice President of Angkatan Belia Islam Malaysia (ABIM) or the Malaysian Islamic Youth Movement.
Fadhlina appeared to be very careful in her remark so as not to offend the Sultan's decision or any parties. Nevertheless, she expressed her deep concern and disappointment over the Sultan's decree in the case.
"Muslim NGOs are disappointed with the Sultan's decision. The Sultan has the power to reduce the sentence. For instance, the number of cane strokes can be reduced to only one stroke, but not to the extent of removing the punishment." said Fadhlina, who is also a syariah lawyer.
According to Fadhlina, there is no provision in syariah law for community service. She questioned whether the Mufti or the State Islamic Council has given advice to the Sultan.
"The Sultan being the highest religious authority should support the ruling by the syariah court" said Fadhlina.
In sum, Fadhlina said that the issue is a matter of law. She hopes that Kartika's case would not be a precedent to any future syariah cases. What is important, she said, is to emphasise that the punishment was made in accordance with the law.
"...we need to increase the awareness about the existence of syariah laws" said Fadhlina in conclusion.
Sisters in Islam, as expected, have come out in support of the Sultan's decision to commute Kartika's caning sentence to community service.
After months of never ending debate and disagreement over Kartika's caning sentence, let's just hope that once the three weeks community service ends, we can close the Kartika episode and leave her and her family in peace.
It's time to move on...