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

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

Sharia Implementation in Northern Nigeria 1999-2006 :: A Sourcebook Volume V: Two Famous Cases

Early zeal for application of the reinstated Islamic criminal law resulted in two zināʾ cases which attracted worldwide attention in 2001-2003: the cases of Safiyatu Hussaini and Amina Lawal, litigated in the Sharia Courts of Sokoto and Katsina States, respectively. Vol. V makes available English translations of the records of proceedings and the judgments of … Continue reading Sharia Implementation in Northern Nigeria 1999-2006 :: A Sourcebook Volume V: Two Famous Cases

Sharia Implementation in Northern Nigeria: Further Documentary Materials III: Zakat and Endowment Boards and Committees

These materials document, state by state, what each of the sharīʿa states is doing in respect of the collection and distribution of zakāt and the management of pious endowments (waqf, pl awqāf). The materials include early proposals by Sharia Implementation Committees or Councils of Ulama for official zakāt organizations, including the doctrinal background; all statutory materials … Continue reading Sharia Implementation in Northern Nigeria: Further Documentary Materials III: Zakat and Endowment Boards and Committees

Sharia Implementation in Northern Nigeria: Further Documentary Materials V: Sharia Implementation and Women

These materials include the results relating to gender of a perceptions survey carried out in three sharīʿa states in early 2016, which included questions on hisbah and women, zakat and gender issues, practices harmful to women, and education of girls and women. Also included is documentation of a number of public enlightenment and sensitization programs … Continue reading Sharia Implementation in Northern Nigeria: Further Documentary Materials V: Sharia Implementation and Women

Sharia Implementation in Northern Nigeria: Further Documentary Materials II: Hisbah Groups

The sharīʿa states vary widely as to hisbah organizations. Some have none at all, some have informal groups not sanctioned by the state, some have official groups organized under the governor’s office, a ministry, or the state Sharia Commission, and some have separate Hisbah Boards or Commissions operating under statutes of their own. These materials … Continue reading Sharia Implementation in Northern Nigeria: Further Documentary Materials II: Hisbah Groups

Sharia Implementation in Northern Nigeria, 1999-2006: A Sourcebook, Volume III: Sanitizing Society

A principal aim of sharīʿa implementation was to address the many social ills besetting Nigeria, or, in this case, besetting the Muslim North. This volume documents changes in the law made variously in the sharīʿa states specifically to address corruption, alcoholic drinks, gambling, sexual immoralities, other matters related to women, unedifying media, and miscellaneous other … Continue reading Sharia Implementation in Northern Nigeria, 1999-2006: A Sourcebook, Volume III: Sanitizing Society