:|: Time for Hijrah :|:
:|: Hijrah Made Easy :|:
:|: Where to Make Hijrah? :|:
:|: The Land of Hijrah – 01: Part 03 : LEGAL STATUS of Aceh in enacting Shariah Law :|:
Bismillah! Al Hamdulillah!
Wa AsSalatu AsSalamu A’ala Rasulallah!
AsSalamu Alaikum Wa Rahmatuallh Wa Barakatuhu!
LEGAL STATUS of Aceh:
ACEH is an independent territory within Indonesia where they are independent in applying Shariah. Thus they have implemented a few basic Shariah rulings that don’t exist in any other part of Indonesia nor in Malaysia, such an example is flogging for Zina.
SYAR’IYAH COURT:
Article 128:
(1) “The Islamic Syari’at Judiciary in Aceh is a part of the national judiciary system in the environs of religious affairs.”
“Judiciary performed by the Syariah court which is free from the influence of any party.”
(2) “Syar’iyah Court is the court for every person who embraces Islam and is in Aceh.”
(3) “Syar’iyah Court is authorized to examine, try, provide rulings, and settle cases which consist of the fields of Ahwal al-syakhsiyah (family law), Mu’amalah (civil law) and Jinayah (criminal law) based on Islamic
Ssyari’at.”
(4) “Further stipulation regarding the fields of Ahwal al-syakhsiyah (family law), Mu’amalah (civil law) and Jinayah (criminal law), as meant in clause (3), is regulated by Aceh Qanun.”
(Taken from the book of ‘Law of the Republic of Indonesia, Number 11 of the year 2006 regarding Governing of Aceh’
https://www.ifrc.org/docs/idrl/968EN.pdf)
You can read an outline of the Independent agreement between Indonesian govt and Aceh govt. from here with the link at the end:
“Aceh is the only province that has special privileges and a wide range of
autonomy to govern itself within Indonesia. The special privileges on
education, culture, religion and the role of Ulamas are stated in Article of Law 44 (Year 1999); In addition to that, after the Peace Agreement between the Free Aceh Movement and the Government of Indonesia, Aceh was allowed to implement LOGA (Law on Governing Aceh) also known as the law for SelfGovernment for Aceh (Article Law. 11, 2006).”
“One of the legal rights granted to Aceh within LOGA is the implementation of
Shariah Law in all dimensions of the day-to-day life of Acehnese society. Sharia Law is to cover the way the Acehnese Worship, family law (Ahwal syakhsiyah), civil law (Mu’amalat), criminal law (Jinayah) , justice (Qadha), education, (Tarbiyah) preaching (Dakwah), and the defence of Islam in Aceh as stipulated in the Article 125 of Law No. 11 of 2006.”
“The implementation of Shariah law in the life of Acehnese people is within the national legal system in the Unitary State of the Republic of Indonesia (NKRI) as mentioned in Article 128 of Law No. 11 of 2006.”
“Shariah law in Aceh regulated by Qanun not only to regulate the Criminal Law, but the Shariah Law is also to regulate issues on economic, trade, banking, social life and even political issues.”
https://humas.acehprov.go.id/wp-content/uploads/2016/01/SHARIAH-LAW-IN-ACEHh.pdf
“Qanun Jinayat (Islamic Criminal Law): This set of laws governs criminal offences in Aceh and includes provisions for punishments based on Islamic principles. It covers offences like theft, adultery, and alcohol consumption, often with strict penalties. This legal framework is seen as a way to uphold moral standards within the community, making it attractive for those seeking a strictly Islamic environment”
https://en.wikipedia.org/wiki/Islamic_criminal_law_in_Aceh
The MOU of peace agreement with international arbitration:
https://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/mou_aceh/mou_acehen.pdf
Contd. to next article……