SHARIAsource

The sharīʿa states vary widely as to hisbah organizations. Some have none at all, some have informal groups not sanctioned by the state, some have official groups organized under the governor’s office, a ministry, or the state Sharia Commission, and some have separate Hisbah Boards or Commissions operating under statutes of their own. These materials document what type of hisbah group each state has (if any), and what the groups are doing. The materials include official reports, relevant statutes, and reports of interviews conducted in the course of fieldwork.

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

This gubernatorial regulation makes provision for the uniform to be worn by officers of the Wilayatul Hisbah (Shari'a Police), as well as the equipment officers are to carry and use, including firearms and communications devices.

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.

These materials include the results relating to gender of a perceptions survey carried out in three sharīʿa states in early 2016, which included questions on hisbah and women, zakat and gender issues, practices harmful to women, and education of girls and women. Also included is documentation of a number of public enlightenment and sensitization programs on women’s rights carried out in the sharīʿa states, and of the effect of sharīʿa implementation on the education of girls and women.

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

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.

The general prosecutor submitted that the two accused, on Sunday 11 September 2005, at approximately 3:40pm (Western Indonesian Time), were found in close proximity with one another out of wedlock (khalwat), in the offices of the Star Moon Party (Partai Bulan Bintang). The shari'a police (Wilayatul Hisbah) attended the offices after receiving a tip-off via telephone from a witness named Fuadi, who had called around 4:30pm (Western Indonesian Time) regarding a member of the Regional People's Consultative Assembly (Dewan Perwakilan Rakyat Daerah), whom he suspected to be in the act of khalwat with a woman. Fuadi also reported his suspicions to Said Zulkarnaini, a shari'a police team commandant, after which Said Zulkarnaini and 10 shari'a police officials attended the Party offices.

Upon their arrival, another witness (Iskandar) attempted to peak through a window on both sides of the office, only to find that all the curtains had been drawn. Seeing that an air-conditiong compressor on the right-hand side of the building was still active, Iskandar believed that there were people inside the room. Meanwhile, Said Zulkarnaini and Fuadi approached the front-door, knocking approximately six times, while making verbal greetings to the people inside the room. Fuadi unsuccessfuly tried to force the door open twice, but on the third occasion, the door was opened from the inside by one of the accused. Fuadi introduced himself and requested his permission to inspect the office, but after entering the room, another witness (Irwan) saw the other accused looking nervous, somewhat frightened, reading a newspaper upside down, with her lipstick smeared. Irwan also saw a motorcycle parked at the office's waiting room, as well as a white bag belonging to the female accused on the work desk of the male accused. After inspecting the room, it appeared that there were no other people present. When one of the witnesses requested to see the identity card of the female accused, the male accused instructed her to keep it concealed. When the female accused was prevented from exiting the room by another wintess (Fauzan), the male accused summoned Said Zulkarnaini over to inquire as to why they would not let the female accused leave. The male accused said: "You are all being arrogant. Don't be like those former shari'a police officers I recommended for dismissal" ("Inilah kalian arogan jangan seperti anggota WH lama yang saya usul pecat"), then threatened to call the mayor (walikota), Head of the Banda Sakti Police, and the Head of Islamic Shari'a Services, as well as journalists, to report these supposedly brash shari'a police officials.

The prosecutor sought to have the two accused found guilty of conduct proscribed under art 5, in conjunction with art 22(1) of Aceh Qanun No. 14 of 2003 on Close Proximity (Khalwat).

The court acceded to the prosecutor's application, finding the conduct of the two accused to have met all the elemental requirements of art 5. The court, pursuant to art 22(1), sentenced both the accused to five strokes of the cane, as well as a fine of IDR 1,000.