SHARIAsource

The fifth time Iran's Parliament modified the Islamic Penal Code following the Guardian Council’s objections.

Guardian Council approves of the Iran's Parliament’s Islamic Penal Code of 01.02.2012.

The Guardian Council revokes its prior approval of the Islamic Penal Code adopted by Iran's Parliament and raises another set of objections.

Guardian Council raises objections as to Parliament’s Islamic Penal Code draft articles of 01.07.2013.

This is the original and current Pakistani criminal code, dating from the British Raj. It has been amended and revised over the years.

In State v. Abdul Khaliq et al., the Pakistani Supreme Court acquitted all but one of the men who had participated in the gang rape of Mukhtar Mai, holding that insufficient evidence existed to sustain their convictions.

This is the decree promulgating the 1963 Moroccan Penal Code.

This statute defines a 'child' as a person under the age of 18 years, and 'child protection' as all activities that guarantee and protect children and their right to live, grow, develop and participate to their optimum, having regard to their dignity as human beings, affording them protection from violence and discrimination.

The statute regulates the responsibilities and obligations of the state, government, and parents vis-a-vis children, as well as other child-related issues such as guardianship, foster-care, society's role, as well as that of the Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia).

This is the elucidation to Law No. 23 of 2002 on Child Protection. It provides clarity on certain sections contained in the statute.

This statute defines domestic violence as physicial, psychological or sexual violence, or domestic neglect. It outlines the rights of victims, including rights to protective and rehabilitative services, and sets out the possible punitive measures perpetrators may face.

This qanun places an absolute prohibition on gambling, which it defines as all activities and/or conduct, as well as situations, directed towards the placing of a bet. It places an onus on the governor, regents/mayors, sub-district leaders, heads of households and village heads, to implement the contents of this qanun, and instructs the governor and regents/mayors to establish a shari'a police (Wilayatul Hisbah) to ensure its implementation. The qanun prescribes as punishment for individuals found guilty of gambling 6-12 strokes of the cane, and for legal and non-government bodies a fine of between IDR 15-35 million.

This qanun was devised to foster and maintain the Islamic beliefs and religiosity of the individual and society in Aceh, providing legislative protection from misguided teachings. Crucially, at art 1(7), the qanun defines as Islamic creed (Aqidah Islamiah) a conservative interpretation of al-sunna wa'l-jama'a (Sunni Islam). It also seeks to increase understanding and the practice of worship, as well as the availability of appropriate places of worship. The qanun authorises the shari'a police (Wilayatul Hisbah) to conduct surveillance to ensure adherence thereto, and grants prosecutorial powers to general prosecutors to investigate and refer cases to the shari'a courts (Mahkamah Syar'iyah) in the event of a breach. Conduct punishable pursuant to this qanun includes disseminating un-Islamic teachings, apostasing, failing to attend Friday prayers (shalat jum'at) three times consecutively, and failing to provide prayer facilities. Punishment can include caning or imprisonment.

This provincial regulation obliges the regional government of Aceh to develop, guide, and monitor, the implementation of shari'a to the best of its abilities. The regulation defines implementation as including, among other things, aqidah (correct doctrine), ibadah (ritual worship), mu'amalah (commercial and civil matters), akhlak (goodness), Islamic education and the defence of Islam.

Chapter V of the regulation specifies punishments, including imprisonment, fines, and adat sanctions (art 19), but hudud penalties are not included.

This qanun is the Acehnese criminal procedure code. Article 5 states that it applies to all law enforcement agencies and persons in Aceh. It regulates the manner in which law enforcement officers conduct criminal investigations, the rights of the accused, the appropriate judicial forums for criminal trials, the manner in which prosecutors may prosecute a case, as well as the punitive measures a court may enforce, including caning, monetary fines, and imprisonment.

This statute declares gambling to be contrary to religion, as well as the decency and morals enshrined in the Pancasila. It specifically increases the severity of punishment for gambling, as prescribed in the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana), and is referenced in Aceh Qanun No. 13 of 2003 on Gambling.

This elucidation to Aceh Qanun No. 7 of 2013 provides a brief history of shari'a and its application in Aceh since the time of the Kingdom of Aceh Darussalam, through Dutch colonial times, up until the establishment and implementation of the first Aceh qanun. It then provides greater clarity and detail on the meanings of certain articles from Aceh Qanun No. 7 of 2013.

This qanun constitutes the Aceh Islamic Criminal Code. It prohibits jarimah (conduct prohibited under Islamic law, or sharīʿa) and imposes hudud and ta'zir punitive measures ('uqubat) as deterrents for committing jarimah. Specifically, the qanun prohibits khamar (alcohol), maisir (gambling), khalwat (close proximity in private), ikhtilath (non-sexual, pre-marital intimacy), zina (adultery), sexual abuse, rape, qadzaf (false accusation), liwath (sodomy), and musahaqah (lesbian relations).

Article 4(2) of the qanun defines hudud punishment as caning, while ta'zir, according to arts 4(3) and 4(4), is caning, monetary fines, imprisonment, and restitution.

Pursuant to art 5, persons subject to the qanun are:

1. all Muslim offenders in Aceh;
2. all non-Muslim offenders who commit an offence togther with another Muslim and voluntarily submit to the qanun;
3. all non-Muslims who commit an offence not covered in the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana) or that is outside the Indonesian Criminal Code, but regulated in the qanun; and
4. legal entities carrying out operations in Aceh.

This qanun regulates the tourism industry in Aceh, the implementation and coordination of which is based on faith and Islam (art 2(a)). The qanun requires tourists and tourism industry workers alike to adhere to Islamic values, and requires those working in the tourism industry to promote Islamic values. For instance, art 3(b) notes that one of the purposes of tourism in Aceh is to promote Aceh's Islamic historical and cultural values as a tourist attraction. Meanwhile, art 17(a) states that tourist attractions are to be cultivated with Islamic values in mind.

Articles 37 and 48 require hoteliers and restauranteurs, respectively, to ensure that their premises are not used in any manner that compromises public safety and order, or Islamic shari'a. Similarly, art 47(2) requires restaurants hosting performances by artists/singers to take into consideration Islamic requirements and this qanun.

Article 70 requires official tourist groups to conduct themselves in accordance with shari'a, while art 83 obliges Muslim tourists in Aceh to dress in accordance with Islam.

This fatwa declares the production, trafficking and usage of narcotics as haram (forbidden), punishable by hadd and/or ta'zir punishments. It distinguishes between the effect narcotics has on society with that of alcohol, noting the effect of the former to be far more grave. The fatwa also condones the death penalty for producing, trafficking or using narcotics, and opposes government intervention in penalties handed down for such misconduct.

This regional regulation categorises alcoholic beverages in accordance with their alcoholic content and prohibits their distribution and sale. It provides several exceptions to this rule:

1. if the beverage contains spices, jamu (herbal medicine), or the like and is for medicinal purposes;
2. 3-, 4-, or 5-star hotels;
3. certain fine-dining restaurants (Tanda Talam Kencana dan Talam Seloka);
4. certain places already stipulated in accordance with mayoral decrees/regulations; and
5. duty free shops selling alcohol to Indonesian diplomats, foreign workers, persons going overseas, and persons arriving from overseas.

The regulation does not, however, make any reference to Islam or religion.