SHARIAsource

This regulation contemplates a force majeure causing the election of a village head and deputy village head to be postponed, something not contemplated in Law No. 32 of 2004. Also, noting that such elections need to be based on principles of efficiency and effectiveness, insofar as they utilise funding, equipment, personnel and their surrounds, it allows voting stations to cater for 600 voters, rather than the original 300.

The elucidation to Law Replacement Government Regulation No. 3 of 2005 simply provides a longer explanation for the changes to the statute, those being the need to contemplate an election being postponed due to a force majeure, as well as the need to expedite the election process.

This section of al-Jarīda al-Rasmiyya officially promulgates the first two books of the Moroccan Personal Status Code, the Mudawwana. The first book presents the stipulations concerning marriage, including issues such as the contract, dowry, and inhibitors (like number of wives). The second book deals with the dissolution of marriage, thus addressing conditions of repudiation, women’s repudiation, and the ʿidda (the woman’s waiting period until she may remarry).

The four applicants wished to nominate themselves for the then-upcoming elections of regent and deputy-regent of Pidie, Bireun, Aceh Timur, and Simeulue respectively in 2011. Article 256 of Law No. 11 of 2006 on the Governance of Aceh, however, required that individual/independent candidates in regional head elections be nominated by a political party or coalition. In other words, art 256 precluded the nomination of independent candidacy. Therefore, pursuant to art 50 of Law No. 24 of 2003 on the Constitutional Court, the applicants sought to challenge the constitutional validity of art 256 of Law No. 11 of 2006 on the grounds that it contravened arts 18(4), 27(1), 28D(1) and (3), and 28I(2) of the Indonesian Constitution. The applicants also claimed that art 256 contravened art 43 of Law No. 39 of 1999 on Human Rights, which reiterated and elaborated upon art 28D(3) of the Constitution, in regards to every Indonesian citizen being entitled to be elected to a position of political office.

The court acceded to the application, finding art 256 of Law No. 11 of 2006 in contravention of the aforementioned constitutional guarantees and, therefore, rendered it null and void.

While this regulation was replaced by Municipal Regulation No. 7 of 2014, its purpose was to create societal awareness and understanding in terms of the importance of the values of Islamic teachings and social norms, as well as the consequences of conducting oneself contrary to these teachings, to ensure the people develop a wise temperament sourced from the Qur'an and Sunnah, to ensure that non-Muslims respect and value Islamic norms adhered to by the majority of the population, to increase the faith and religious obedience of Muslims to Allah Subhanahu Wa Ta'ala, and to create a peaceful and serene atmosphere.

The regulation obliges all Muslims who have reached puberty (usia aqil baligh) to wear clothing that covers their aurat in accordance with Islamic teachings. Non-Muslims are similarly required to respect and value this regulation and to dress appropriately, in accordance with Tasikmalaya customs and traditions. The regulation also appeals to Islam by prohibiting Muslims from:

1. becoming involved in corrupt practices and abusing one's position of power;
2. committing adultery or prostitution (heterosexual and homosexual);
3. gambling;
4. ingesting intoxicants (alcoholic and narcotic);
5. carrying out abortions;
6. viewing pornography;
7. charging interest (riba) and making speculative sales (ijon);
8. practising idolatry;
9. facilitating child exploitation;
10. participating in organised crime; and
11. disseminating deviant sects/understandings.

This regional regulation replaces Tasikmalaya Municipal Regulation No. 12 of 2009. It obliges every person to implement the teachings of their own religion as a set of guidelines by which to live their lives, thereby avoiding the ignoble. Among its many provisions, it requires all persons to worship God, requires employers to make available prayer facilities for their employees, prohibits dubious economic and financial practices, mandates that the regional government and society increase the levels of religious education (both formal and informal) for younger people, and requires all persons to dress in accordance with their respective religious teachings, and local societal norms. In line with its predecessor, the regulation also prohibits the following:

1. becoming involved in corrupt practices and abusing one's position of power;
2. committing adultery or prostitution (heterosexual and homosexual);
3. gambling;
4. ingesting intoxicants (alcoholic and narcotic);
5. carrying out abortions;
6. viewing pornography;
7. charging interest (riba) and making speculative sales (ijon);
8. practising idolatry;
9. facilitating child exploitation;
10. participating in organised crime; and
11. disseminating deviant sects/understandings.

This mayoral regulation was drafted to regulate the special team assembled to enforce the obligations contained in Tasikmalaya Municipal Regulation No. 7 of 2014. The team is non-structural and reports directly to the Mayor of Tasikmalaya.

This government regulation was devised to assist with the implementation of art 223 of the now superceded Law No. 32 of 2004 on Regional Administration as amended by Law No. 8 of 2005. Article 223 states that guidelines relating to fostering and supervision, which covers standards, norms, procedures, awards, and sanctions are regulated in the government regulation.

This statute replaced Law No. 32 of 2004 on Regional Administration. The main differences appear to be detail, with, for example, the statute providing greater detail than its predecessor in terms of the procedures and requirements involved in the establishment of a new region. Interestingly, art 10(1) of the statute refers to the same six heads of power under art 10(3) in Law No. 32 of 2004 as absolute matters of governance (urusan pemerintahan absolut), while the elucidation is clear that, for the sake of expediency, the Minister for the Interior (Menteri Dalam Negeri) invalidates regional regulations (peraturan daerah) deemed incompatible with hierarchically-superior legislative instruments.

This statute makes amendments to Law No. 23 of 2014 in the areas of regional heads (kepala daerah) and deputy regional heads (wakil kepala daerah), as well as Regional People's Consultative Assemblies (Dewan Perwakilan Rakyat Daerah).

This qanun regulates regional financial management in Aceh Tenggara (Southeast Aceh).

This qanun regulates the election of local political parties for the Acehnese People's Representative Council (DPRA) and Regency/Municipal People's Representative Councils. Controversially, it mandates that prospective members of both councils have received certification testifying to their competence in reciting the Qur'an. The elucidation of the qanun explains that what is meant by competence in Qur'anic recitation is an ability to read the Qur'an; that accurate pronunciation (ilmu tajwid), fluency (fasahah), and intonation (lagu) is not required.

The scope of this qanun is confined to creed (aqidah), shari'a (syariah), and moral disposition (akhlak). The qanun defines moral disposition (akhlak) as symbolism (syiar) and proselytisation (dakwah), and shari'a as:

1. worship (ibadah);
2. family law (ahwal al-syakhshiyah);
3. civil law (muamalah);
4. criminal law (jinayat);
5. judiciary (qadha');
6. education (tarbiyah); and
7. defence of Islam.

The qanun states that the implementation of the Islamic principles regulated therein is part of a more significant overall objective, that being to implement Islamic principles in their entirety. It places the responsibility to implement Islamic principles on the Acehnese government, as well as the regency/municipal governments within Aceh, mandating the governments to allocate at least five per cent of their respective budgets to facilitate such implementation. The qanun also obligates all Muslims in Aceh to adhere to Islamic principles and customs, and every legal entity domiciled in Aceh to respect the implementation of Islamic principles.

This fatwa acknowledges and praises pre-existing state dignitary religious activities, while imploring state dignitaries, government officials, and public leaders to more actively pioneer activities related to worship (ibadat) by, for example:

1. holding religious study events and courses for personal use, for collegial purposes, for familial purposes at people's homes, and religious lectures at people's places of work;
2. holding Friday prayers (shalat Jum'at) and ceremonies for significant days in the Islamic calendar at people's places of work; and
3. collecting books on Islam in Indonesian and other languages for the purposes of creating libraries in people's places of work and their homes.

This fatwa was issued in response to the following questions from the Attorney-General of the Republic of Indonesia:

1. Jamaah Muslimin Hizbullah is of the opinion that pledging an allegiance (berbai'at) to the Imam of Jamaah Muslimin Hizbullah is obligatory (wajib). What is the opinion of the Council?
2. Can the Council provide to the Attorney-General Qur'anic verses or Hadith regarding Islamic government/Caliphate (Jama'at Imamah/Khalifah) and swearing an oath (Bai'at) apart from that produced by Jemaat Muslimin Hizbullah?
3. What is the Council's opinion on the formation of Jamaat Muslimin Hizbullah under the leadership of Syeh Wall Al Fatah in 1953 which, until now, has continued under the leadersihp of Imam Haji Muhyiddin Hamdi?
4. Can the Council provide any further information in relation to Jamaah Muslimin Hizbullah?

In the fatwa, the Council provided, among other information, the following in response:

1. Jama'ah means more than two people, which, in this case, means at least two people who pray five times a day. Regular prayers are encouraged but are not obligatory (sunat mu' akkad), however, Friday prayers (shalat Juma'at) are considered a pillar of a Muslim's Friday (rukun Jum'at). There are even those who believe that congregating to pray fives times a day is obligatory for some Muslims (fardhu kifayah); that praying together reaps twice the rewards of praying on one's own, and is advocated by Islam. The Council also states that jama'ah in a societal context means working together for good against evil (amar ma'ruf nahi munkar), helping one another socially, and avoiding disunity.
2. Khalifah means representative (wakil), meaning the person elected by the jama'ah to become their leader. Historically, khalifah referred to the head of Islamic government at the time of the companions of the Prophet (sahabat).
3. Bai'at literally implies a handshake as a sign of an agreement. More specifically, however, it is an acknowledgment by the people of their leader's authority.
4. Jama'ah Muslimin Hizbullah is an Islamic people's organisation with its own interpretation of Islam. The Council acknowledges that there exist groups among Indonesia's Muslim population with differing views and beliefs on Islam, some of which diverge from the Qur'an and Hadith. Usually such divergent followings are limited in numbers and, over time, struggle to acquire more followers. That said, proselytisation (da'wah) efforts are indeed necessary to correct these incorrect interpretations of Islam.

This qanun makes a second set of amendments to Aceh Qanun No. 1 of 2005. It relates to the composition of the Aceh provincial government and the operations therein.

This qanun relates to the composition of the Aceh provincial government and the operations therein.

This qanun makes provision for the status, duties, function, personnel, and responsbilities, of the Majelis Permusyawaratan Ulama Kota Langsa (Langsa Municipal Ulama Consultative Council).

This qanun makes provision for the formation of the Kantor Syariat Islam Kota Langsa (Langsa Municipal Islamic Shari'a Office). The primary role of the Kantor Syariat Islam Kota Langsa is to assist the Mayor in administering and implementing Islamic shari'a (art 4).

This regional regulation makes provision for the equalisation of education services, and the quality of education. It does so by providing private education institutes (religious or otherwise) established by members of society or a foundation, that have already been operating for a year, or already have an operating permit, with regional education operational assistance in the form of a gift (hibah). This financial assistance is sourced from the regional government's budget.