SHARIAsource

The prosecution submitted that, on Friday 21 November 2014 at approximately 2.30am, the accused and witness were found in close proximity with one another out of lawful matrimony (khalwat) in a complex rental property by other witnesses, one of whom was the receptionist of the complex. On the facts, the court found that the accused had committed khalwat, thereby contravening arts 4, 5 and 22(1) and (2) of Aceh Qanun No. 14 of 2003 on Close Proximity. In sentencing the accused to nine strokes of the cane, it cited Surah Al-Isra' verse 32, which discourages sexual relations out of lawful matrimony (zina). In determining the severity of the sentence, the court noted that the accused:

1. had conducted herself in a manner not consistent with the applicability of Islamic shari'a in Aceh;
2. was already married; and
3. was a civil servant; but
4. had acknowledged her misconduct;
5. regretted her misconduct and vowed not to re-offend;
6. had been cooperative throughout the proceeding and conducted herself appropriately; and
7. was a first-time offender.