Commentary: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law

This commentary, by Waskito Jati, criticizes the prevailing opinion that non-Muslims who have been lashed in public after violating Islamic criminal law in Aceh have voluntarily surrendered to Islamic law after being given the choice of prosecution under Acehnese Qanun Jinayat, the Indonesian penal code. Article 5 (C) of the Qanun contradicts this opinion by stating … Continue reading Commentary: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law

Contemporary Primary Sources: Takengon Sharīʿa Court Indictment and Decision Case No. 1 of 2016: The Selling of Alcohol by a Non-Muslim

The police raided Remita Sinaga's house in early 2016 where they found 70 bottles of alcohol. Subsequently, the prosecutor indicted her for selling alcohol to her neighbors, a criminal act punishable with up to 30 public lashes under the Acehnese Qanun Jinayat. The prosecutor demanded for her to be punished in the form of 6 … Continue reading Contemporary Primary Sources: Takengon Sharīʿa Court Indictment and Decision Case No. 1 of 2016: The Selling of Alcohol by a Non-Muslim

Contemporary Primary Sources: Indonesian Council of Ulama Fatwā on Friday Prayers for Travelers Aboard Ships and Aircraft

This fatwā considers that, as a result of traveling internationally, people may miss Friday (i.e., depart on a Thursday and arrive on a Saturday). Pursuant to the Ḥanbalī school of thought, however, all persons aboard ships and aircraft are to perform Friday congregational prayers. These prayers are only to be performed on Friday: If, as … Continue reading Contemporary Primary Sources: Indonesian Council of Ulama Fatwā on Friday Prayers for Travelers Aboard Ships and Aircraft

Contemporary Primary Sources: Banjarmasin (Indonesia) Municipal Regulation No. 13 of 2003 on Prohibited Activities During Ramadan

This regional regulation prohibits places of entertainment, restaurants, kiosks (warung, rombong), and the like, from opening during the month of Ramadan. It similarly prohibits eating, drinking and/or smoking in restaurants, kiosks, and the like, from sunrise to sundown. Exceptions to the rule are: Restaurants opening from 5 pm preparing to serve patrons breaking the fast; Markets … Continue reading Contemporary Primary Sources: Banjarmasin (Indonesia) Municipal Regulation No. 13 of 2003 on Prohibited Activities During Ramadan

Country Profile: Indonesia

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Indonesia (Republik Indonesia), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Indonesia's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. However, one province—Aceh Province—has established Islamic law formally within its jurisdiction. Country Background Indonesia is located … Continue reading Country Profile: Indonesia

Commentary: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System

This commentary, by Waskito Jati, discusses the formation of the new sharīʿa court (mahkamah syar’iyah) following the granting of the special region status to the province of Aceh, Indonesia, in 1999. This status gives Aceh the right to implement Islamic law in its region, including Islamic criminal law. The events following the formation of the sharīʿa … Continue reading Commentary: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System

Contemporary Primary Sources :: The Chief Justice of the Indonesian Supreme Court Decree No. 70 of 2004: Relegation of Authority to Acehnese Mahkamah Syar’iyah

The expansion of the authority of the Court of Religion in Aceh and the subsequent change of its name to Mahkamah Syar’iyah has created an overlap of jurisdiction in the processing of civil and criminal cases. This was due to the granting of the special province status for Aceh in 1999 which entails the right … Continue reading Contemporary Primary Sources :: The Chief Justice of the Indonesian Supreme Court Decree No. 70 of 2004: Relegation of Authority to Acehnese Mahkamah Syar’iyah

Commentary: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

This post, by Waskito Jati, examines the litigation process and sentencing regime for a new type of moral crime in Aceh: khalwat (when an unmarried man and woman are secluded). This act is criminalized under the new Acehnese Islamic Criminal Law (Aceh Qanun Jinayat No. 6 of 2014). The classification of khalwat as a moral crime … Continue reading Commentary: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

By Waskito Jati The case of AM[1] signifies one of the repercussions of the extension of jurisdiction and authority of the sharīʿa court in Aceh. This commentary discusses the indictment of AM which shows the possible prosecution under the Acehnese codified Islamic criminal law (Aceh Qanun No. 6 of 2014) of a person who is … Continue reading Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

This indictment relates to a case involving a defendant with the initials AM who was accused of committing khalwat (being in a close proximity with a man unrelated to her by blood or marriage) and ikhtilath (physical intimacy between an unmarried man and woman). Her neighbors found her to be in close proximity in her … Continue reading Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath