Kuala Simpang Shari'a Court Decision No. 31 of 2015: Gambling

The prosecution submitted that, on Saturday 12 December 2015 at around 4.30pm, the accused was found providing gambling facilities to the public from a coffee shop. Specifically, the accused had been facilitating bingo-style (toto gelap) bets via a mobile phone for a larger gambling agency, and taking a commission for every number issued, depending on the quantum of the bet placed. The prosecution submitted that this type of activity was in contravention of the prohibition on gambling contained in art 18 of Aceh Qanun No. 6 of 2014 on Criminal Law. Moreover, as a Muslim residing in Aceh, that the accused knew such conduct was haram (forbidden).

Based on items seized at the time of the arrest of the accused, which included IDR 10,000 in cash, as well as corroborating information provided by three police witnesses, the court found the accused guilty of the charges submitted by the prosecution. Citing Surah Al-Maidah verses 90 and 91, and, pursuant to art 23(2) of Aceh Qanun No. 7 of 2013 on Criminal Procedure, the court, taking into account time already served by the accused on remand, sentenced the accused to seven strokes of the cane. The court also cited art 73(3) of Aceh Qanun No. 6 of 2014, which states that, in the event another qanun prescribes alternative punishments, including imprisonment, a fine, or caning, the appropriate punishment to be handed down is caning.

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