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

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

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