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Aceh'€™s homework on sharia implementation

Putting Islamic principles into a legal form such as the new Aceh criminal code bylaw (qanun jinayat), which was passed early on Sunday, is not easy and almost impossible

Nani Afrida (The Jakarta Post)
Manila
Fri, October 3, 2014

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Aceh'€™s homework on sharia implementation

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utting Islamic principles into a legal form such as the new Aceh criminal code bylaw (qanun jinayat), which was passed early on Sunday, is not easy and almost impossible. A legislator being knowledgeable about Islam is not enough as he must ensure a new bylaw will not create other problems like injustice, unfairness, inequality, discrimination or impunity.

Qanun jinayat is actually the revision of four previous bylaws: No.11/2002 on Islamic principles, worship and religious practice, No.12/2003 on khamar (liquor) No.13/2003 on gambling and No.14/2003 on khalwat (indecency).

However, the new bylaw passed by the provincial legislative council now aims at full implementation of sharia in Aceh. The qanun imposes severe punishment on offenders, even heavier than in previous bylaws '€” a maximum of 200 strokes of the cane, a fine worth the price of two kilograms of gold, or 200 months in jail.

The other difference is that the new criminal code stipulates severe punishments for lesbian, gay, transgender and bisexual people, rapists, as well as non-Muslims guilty of crimes in Aceh and crimes not stipulated in the national Criminal Code (KUHP).

As an Acehnese, I understand why people are so worried and concerned about sharia implementation in Aceh. The current implementation of sharia is not up to expectations, and what should people expect from the new qanun besides getting more public spectacles of punishment?

There have been too many cases related to misconduct in '€œsharia enforcement'€. In 2014, a rape victim was reported to be sentenced to caning along with the perpetrators; in 2010 a girl was raped by three sharia policemen while in detention. The most shocking news was a teenager who committed suicide reportedly out of shame after being netted by the sharia police in 2012. She had been accused of soliciting for sex following an outdoor concert.

Before sharia became law in the province, the Acehnese had implemented sharia for a long time. The famous King Iskandar Muda sentenced his own son Meurah Pupok to death for having sexual relations with another man'€™s wife in 1639.

Islam and the Acehnese cannot be separated because Islam is in the blood of the Acehnese and it has been transferred to its culture and traditions. But I felt sad and disappointed when sharia was officially implemented in Aceh by the central government in 2002. For me, the government had manipulated this idea to tame the demands of the rebel Free Aceh Movement (GAM) for independence.

Indeed, in the rebellion of the Darul Islam/Tentara Islam Indonesia (Indonesian Islamic Army) led by Abu Daud Beureueh in 1954, the movement demanded sharia in Aceh. But bringing sharia to Aceh after so many decades was no longer relevant because the demand of GAM was totally different '€” independence from Indonesia.

Since then, another problem has arisen in Aceh. For instance the implementation of sharia has been largely limited to morality issues and how women should dress and behave.

Interestingly, many women in Aceh are still trying to dress just as they please, and feel proud when they can hide or escape from the raids. I often see some women not wearing headscarves on flights from Aceh, saying '€œwell, we don'€™t need to wear the headscarf anymore because we are not in Aceh.'€

Unconsciously people disrespect sharia because the implementation is not from their hearts. The lack of knowledge of sharia is also why people do not take the implementation seriously.

Another shortcoming in sharia implementation is the preparedness of law-enforcement officers. Do they understand perfectly what sharia is? Or do they just carry out their jobs to get a monthly salary?

If Aceh really wants to implement sharia seriously, it needs to create strong infrastructure and high awareness among its citizens. Making a new qanun with severe punishments for offenders is not enough; it is just a deterrence strategy. The government would be busy punishing offenders while there would be no awareness among people about the importance of sharia.

The law enforcers like prosecutors and sharia police or wilayatulhisbah should get more training about sharia and how to treat suspects or offenders. During raids officers are usually very arrogant, while Islam never teaches people to be superior to others, even to offenders.

Sharia implementation in Aceh today is only about Islamizing symbols. It is only about women wearing headscarves or men closing their coffee shops for the Friday prayers. If Aceh really wants to implement sharia, the government should find another strategy to Islamize people'€™s hearts rather than only symbols.

The provincial government should also prepare mechanisms for after punishments are imposed on offenders. Those who received canings are usually discriminated against and exiled from their community. Several have even been evicted from their villages. Real sharia would protect these people because they had received their punishment and people should accept them back into the community.

An Aceh that really wants to implement sharia should have no discrimination among its people. I have often found that sharia is applied only to less fortunate people. People who are rich or have strong connections with former GAM or military families sometimes walk away scot free.

If Aceh really wants to implement sharia, it should think about protection for crime victims. Victims of rape, for instance, usually experience double-victimization when they have to face caning along with the perpetrators, in the event of being accused of adultery.

 Aceh should thus also incorporate severe punishment for corruption into its Criminal Code. Corruption is a form of stealing and is unacceptable in Islam. It is no secret that corruption cases in Aceh are rampant and it should be addressed to bring more justice to Aceh.

Islam is a religion of peace. However, implementing sharia in Aceh without resolving all the above shortcomings increasingly makes Islam looks mean and narrow-minded.

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The writer is a Jakarta Post journalist from Aceh, currently studying peace studies under a Nippon Foundation for Asian Peacebuilder Scholarship at the UN Mandated University for Peace, Costa Rica and the Ateneo de Manila University.

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