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”
By Waskito Jati The case of AM 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
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
This English-language summary issued by the Acehnese government (Indonesia) explains the all-encompassing role of sharīʿa in Aceh. It clarifies that sharīʿa does not apply to non-Muslims, and that its implementation in no way repudiates human rights standards, including freedom of religion. Read the document.
This circular was drafted in response to questions raised by several Chief Justices of Indonesian religious courts (Pengadilan Agama) in relation to the execution of Shari'a Arbitration Body (Badan Arbitrase Syari'ah - Basyarnas) decisions. Citing art 60 of Law No. 30 of 1999, the circular states that Basyarnas decisions are final and binding. If, however, parties choose … Continue reading Court Document: Circular No. 8 of 2008 on Execution of Sharīʿa Arbitration Body Decisions
From The New York Times, May 1st, 2017 "...The 2006 painting has become the symbol of a global initiative by the Indonesian youth wing of Nahdlatul Ulama, the largest mass Islamic organization in the world, that seeks to reinterpret Islamic law dating from the Middle Ages in ways that conform to 21st-century norms. Among other … Continue reading NYT Excerpt: Ruud Peters in “Indonesians Seek to Export a Modernized Vision of Islam”