Without doubt, law shapes our politics, economics and societies. There are numerous types of law such as Constitutional and administrative law, criminal law, contract law, tort law, civil law, religious law and so on. The emergence of law allow the human rights, binding the people within the society. Human rights can be defined as the basic rights and freedoms to which all humans are entitled. This includes , The right to vote freely, Freedom of Religion,Freedom from Torture, Freedom of Speech,Freedom from Discrimination, Homosexual Rights and so on.
It is common to expect that the law usually requires the rules, sovereignty and enforcing power which usually leads to the punishment! In Malaysia, especially illegal immigrants will receive canning as their punishment for violating the laws. Since the amendments of Malaysia Immigration Act came into force in 2002, more than 35,000 illegal migrants have been caned. Such punishment has lead to a hot topic within the society when the case of a Muslim model, Kartika was found guilty of consuming alcohol in the hotel (2008). It is indeed the first time of using caning sentence for Muslim woman who violate the country's religious laws.
Sam Zarifi, Amnesty International's Asia-Pacific director ever said that canning is a form of cruel, inhuman and degrading punishment and is prohibited under international human rights law. He even highlights the need for the Malaysian government to stop the practice of caning.
On the other hand, Professor Dr Badruddin Ibrahim, Head of Islamic Law Department accused that caning sentence was against individual freedom. He continued saying that caning under the Syariah Criminal Procedure Enactment was different than the caning implemented by the civil courts. It was done using moderate force as the hand must not be over the head so as not to injure the skin while the offender was fully clothed.
Though the same punishment of canning was implement on the Muslim violators, the
consequences of the news is different towards the society in comparison with the canning towards the illegal immigrants. When Kartika's news were spread around, everyone is paying attention on the topics of human rights;
In contrast, when the news of immigrants being reported as some of the detainees claimed that they were not given any treatment later after being canned. Some of us will just ignore it!
Is it due to the fact that the issue of Kartika is involving a women, especially a Muslim?
It is a tradition in our mind set that women aren't suppose to be canned, no matter how serious the crimes she has committed on. However, we never come across the idea of without canning the woman might not feel the fear?
In a nutshell, neither of us is allow to challenge against the laws nor the simple ground rules set by any parties. If anyone of us do so, be prepared to face the consequences with no guilt!
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