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5 - Contested Lawmaking

from PART TWO - BETWEEN JUSTICE AND RIGHTS

Published online by Cambridge University Press:  05 August 2016

Arskal Salim
Affiliation:
Senior Research Lecturer, University of Western Sydney
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Summary

If Aceh wants to apply sharia entirely [secara kaffah], the legislature should not conceal any single particular punishment in Islam including rajam [stoning].

Bachrom M. Rasyid, an Islamic party (PPP) legislator (2004–9)

The government keeps opposing the rajam punishment as it contradicts national and international laws. [Furthermore,] the law should conform to the conditions of local people.

Irwandi Yusuf, Governor of Aceh (2007–12)

It was after midnight on a Saturday in June 2008. People of a small village in North Aceh were watching live coverage of the European Championship football match on their televisions. On that early morning, Sardan, fifty years old, walked soundlessly into the goat stall belonging to one of his neighbours. In his hand was a sharp knife. He intended to use it to slaughter a goat inside the stall. He might have done it, had the goat not groaned and bleated. The goat owner, who lives nearby, was immediately alerted by the terrible noise he heard from the goat stall. Aware that a thief had intruded into the stall, he shouted loudly for help. His outcry quickly attracted the attention of the surrounding neighbours, who were still awake viewing the TV sports programme. The villagers hurriedly ran to the stall and discovered Sardan trying to butcher a goat. They were outraged and lost control of their tempers. Sardan, who was alleged to have previously committed this kind of crime repeatedly, was punched many times in the face. Disastrously, the villagers almost cut off his left arm. This vigilante action was perhaps the harshest communal chastisement ever imposed since Aceh was formally granted permission to apply Islamic sharia law in the post-Suharto period.

Aceh officially began the implementation of sharia in 2001. Yet the punishment of cutting off a thief's hand is not (yet) applicable in Aceh. As of 2003, crimes violating Islamic norms were introduced into the local legislation in Aceh, but in a very limited scope. The Aceh provincial regulations, known in Aceh as qanuns, had listed certain minor Islamic crimes, such as gambling, liquor consumption and the khalwat of an unmarried couple. Passed in 2003, those qanuns stipulated a variety of punishments for offenders. Apart from fines and imprisonment, one particular penalty was regarded as ta'zir (discretionary punishment).

Type
Chapter
Information
Contemporary Islamic Law in Indonesia
Sharia and Legal Pluralism
, pp. 91 - 108
Publisher: Edinburgh University Press
Print publication year: 2015

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  • Contested Lawmaking
  • Arskal Salim, Senior Research Lecturer, University of Western Sydney
  • Book: Contemporary Islamic Law in Indonesia
  • Online publication: 05 August 2016
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  • Contested Lawmaking
  • Arskal Salim, Senior Research Lecturer, University of Western Sydney
  • Book: Contemporary Islamic Law in Indonesia
  • Online publication: 05 August 2016
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Contested Lawmaking
  • Arskal Salim, Senior Research Lecturer, University of Western Sydney
  • Book: Contemporary Islamic Law in Indonesia
  • Online publication: 05 August 2016
Available formats
×