Book contents
- Frontmatter
- Contents
- List of Figures, Diagrams and Table
- Acknowledgements
- Map 1 Aceh, Indonesia
- Map 2 Research sites in Aceh
- Introduction
- PART ONE BETWEEN ORDERS AND JURISDICTIONS
- PART TWO BETWEEN JUSTICE AND RIGHTS
- 4 Unequal Legal Options
- 5 Contested Lawmaking
- 6 Disputed Land Ownership
- PART THREE BETWEEN VILLAGES AND COURTROOMS
- Conclusion
- Appendix I The Population of Aceh based on Religious Affiliation, 2010
- Appendix II The Result of Provincial Legislative Election in Aceh, 2014
- Appendix III Abbreviations and Glossary
- Bibliography
- Index
5 - Contested Lawmaking
from PART TWO - BETWEEN JUSTICE AND RIGHTS
Published online by Cambridge University Press: 05 August 2016
- Frontmatter
- Contents
- List of Figures, Diagrams and Table
- Acknowledgements
- Map 1 Aceh, Indonesia
- Map 2 Research sites in Aceh
- Introduction
- PART ONE BETWEEN ORDERS AND JURISDICTIONS
- PART TWO BETWEEN JUSTICE AND RIGHTS
- 4 Unequal Legal Options
- 5 Contested Lawmaking
- 6 Disputed Land Ownership
- PART THREE BETWEEN VILLAGES AND COURTROOMS
- Conclusion
- Appendix I The Population of Aceh based on Religious Affiliation, 2010
- Appendix II The Result of Provincial Legislative Election in Aceh, 2014
- Appendix III Abbreviations and Glossary
- Bibliography
- Index
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 IndonesiaSharia and Legal Pluralism, pp. 91 - 108Publisher: Edinburgh University PressPrint publication year: 2015