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.
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