SHARIAsource

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 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 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 regional regulation prohibits prostitution for its repudiation of religious and moral norms. Most importantly, art 4(1) of the Regulation states that any person whose conduct is suspicious and gives rise to an assumption they are a prostitute is prohibited from being on the street, in a hotel, and places of entertainment. Possible sanctions include three months' imprisonment or a fine of up to IDR 15 million. Article 4(2) prohibits any person from being intimate, embracing and/or kissing in a sexual manner in public places or places visible to the public.

While this regional regulation does not specifically refer to religion (agama) or Islam, it aims to provide legal certainty for the community and law-enforcers in the monitoring and controlling of the distribution of alcoholic beverages. It is also concerned with societal behaviour and curbing crime resulting from alcohol abuse. It categorises alcoholic beverages in accordance with their alcoholic content (A - 0-5%; B - 6-20%; C - 21-55%) and qualifies that they may only be distributed and sold by direct sellers in: 

1. 3-, 4-, or 5-star hotels; and
2. certain fine-dining restaurants (Tanda Talam Kencana dan Talam Seloka).

Alcohol of types B and/or C sold in the above designated places may be consumed in hotel rooms on the condition that containers contain no more than 187 ml. If the region does not have such designated places, the regulation permits the regent to designate such places, after considering the tourist activities conducted in the area. The regulation places a blanket prohibition on beverages with an alcoholic content in excess of 55%.

Retailers are only permitted to sell alcohol in packaging, in designated areas, away from places of worship, schools, hospitals, or other places stipulated by the regent. The regent is also required to assemble a team comprising specialists in trade, industry, health, tourism, security and social order. The regulation also regulates the storage of alcoholic beverages, obligates alcohol vendors to submit official quarterly reports of their alcohol sales to the Kepala Dinas, and obliges society to assist in the monitoring and controlling of the distribution of alcoholic beverages.

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 regional regulation makes provision for the cleanliness and veneers of buildings, roads, parks, public spaces, shops, and terminals.

This regional regulation makes provision for public order in Tasikmalaya, including protecting the right to worship and to conduct religious activities. Specifically, it prohibits conduct that contravenes religious norms, morality, and/or traditional local custom/culture, such as prostitution, discotheques, night clubs, and the like. The regulation also obliges persons to worship in accordance with the teachings of their respective religions and convictions. It also prohibits, among others:

1. making alcoholic beverages available, except for certain religious activities;
2. eating, drinking and the like in public spaces during the month of Ramadhan; and
3. offending, harassing or deriding religious symbols.

This statute regulates the protection of witnesses and victims of crime, and the agency whose responsibility it is to ensure witnesses and victims of crime are afforded the necessary protections.

This statute prohibits human trafficking activities, as well as activities related to human trafficking, and sets in place severe monetary penalties and prison sentences for offenders.

This joint decree, based on Law No. 1 of 1965 on Prevention of Abuse and/or Defamation of Religion, warns and orders adherents, members, and/or organisational members of Jemaat Ahmadiyah Indonesia, to cease the dissemination of their religious interpretations and activities that 'deviate' from the fundamental tenets of Islam. Failure to abide by the decree may result in disturbing the peace and social order and can, therefore, result in sanctions.

The expansion of the authority of the Court of Religion in Aceh and the subsequent change of its name to Mahkamah Syar’iyah has created an overlap of jurisdiction in the processing of civil and criminal cases. This was due to the granting of the special province status for Aceh in 1999 which entails the right for Aceh to implement Islamic law in the region. Mahkamah Syar’iyah was then granted the authority to process both civil and criminal cases for Aceh’s Muslim citizens, a jurisdiction previously shared between the Indonesian General Courts (Peradilan Umum) and the Courts of Religion (Pengadilan Agama). 

The decision of the Chief Justice of the Indonesian Supreme Court signifies the relegation of authority previously held by the Indonesian General Court to Mahkamah Syar’iyah in Aceh.

The relegated authorities are as follow:

1. Muamalah (civil law) cases of Muslim citizens of Aceh regulated in Aceh Qanun
2. Jinayah (Islamic criminal law) cases regulated in Aceh Qanun

This volume documents Nigeria’s “Settlement of 1960,” under which, as part of the run-up to Nigerian Independence, important changes were made to the laws and legal institutions of the Northern Region. These included abrogation of Islamic criminal law (as well all varieties of “ethnic” criminal law and custom formerly applied) in favor of new Penal and Criminal Procedure Codes applicable in all courts to all persons irrespective of location, ethnicity, or religion; and establishment of a new Sharia Court of Appeal for the Region. The programs of sharīʿa implementation that began in 1999 sought to reverse, for the sharīʿa states, key elements of the 1960 Settlement. The documents published here include the 1958 “Report of the Panel of Jurists” that recommended most of the changes made in 1960, and a number of memorandums written in 1962 for the returning Panel of Jurists, discussing how the changes had been effected and how they were working out. Vol. I begins with an essay on “The Settlement of 1960 and Why It Still Matters Today,” and a 16-page “Who Was Who.”

These materials are a part of The Nigeria Papers – a SHARIAsource Special Collection, compiled and edited by Independent Scholar Philip Ostien and others.

This document is the first round of objections raised by the Guardian Council in reviewing the Criminal Procedure Bill (2012). 

This documents is the third round of objections raised by the Guardian Council in reviewing the Criminal Procedure Bill.

This documents is the fourth round of objections raised by the Guardian Council in reviewing the Criminal Procedure Bill.