August 4th - Shari'a

Another week has gone by; time flies when you are busy and having fun!

Last weekend I went to a party and met a number of interesting people and, for the second time now, I joined a number of colleagues in a series of badminton games. Badminton is probably the number one sport in Indonesia, which is becomes evident on the court. I was shown no mercy. In the first time I played I was ruthlessly beaten 15-0 and 15-1 and I am pretty sure the one point I scored was a consolation prize. But surely, this is the fastest way to improve your game and I am starting to get the hang of it a little. It’s a great sport.

Our CDR advisor returned from the field again in the beginning of the week and we sat down to further expound my overall programme and make a more detailed schedule for this entire month. I have had a number of interesting and substantive tasks this week; I am starting to feel more useful and productive and that is a nice feeling.

The Shari’a (Sharia, Shariah, or Syariah), or Islamic law, has received quite some media attention this week and has been a hot topic of discussion at the work. This has been brought on by the publication of a new report by the International Crisis Group on Islamic Law in Aceh (read the report). We were later also directed to an article in the New York Times (read the article) that was written as a result of the report. Local newspapers also featured stories related to the sharia as an international aid worker was arrested not so long ago for reportedly sleeping with his female interpreter, a local woman. I have read the Crisis Group’s report with great interest and highly recommend you read it as well; it will also give you a better idea of the reality some of the aspects of life in Aceh. Let me briefly summarise the report to encourage you to read it.

In 1999 Aceh was the only Indonesian province to ever have been granted the legal right to apply Shari’a law in full. There are a number of reasons for this, all of which are extensively discussed in the report. In the first place, Islam forms the very core of the Acehnese identity. Aceh is the most devout and ethnocentric part if Indonesia and, with much pride, refers to itself as the ‘Veranda of Mecca’ (Serambi Mekkah). Secondly, there is a historical precedent for Shari’a law in Aceh. Prior to the arrival of the Dutch late in the 19^th century, the legal systems consisted of a combination of Shari’a and customary law. And third, after the fall of Suharto, Aceh was given free rein to enforce Shari’a as a concession to appease the conflict between government troops and separatist fighters.

Subsequently, in 2001, special autonomy legislation was passed, allowing religious courts to deal with criminal law. Under Shari’a law, criminal offences are divided into three categories: Hudud, Qishash-diyat en Ta’zir. Hudud includes crimes such as adultery, theft, robbery and alcohol consumption. Qishash-diyat includes murder and assault and Ta’zir covers all other offences such as, for instance, gambling, fraud, falsification of documents, illegal relations, failing to fast during Ramadan, to observe daily prayers and wearing the jilbab (headscarf) and traffic violations. All offences are punishable by caning or fines (murder is also punishable by death).

Although caning is written off by many as a human rights violation, it is here generally thought of as a quick punishment that avoids imprisonment (and is therefore a cheap alternative) and is designed to cause more shame than pain. The Shari’a has been promoted as panacea; it would cure social ills and lead to an egalitarian society.

Aceh, which has a dual legal system, is now struggling with implementing the first three Shari’a regulations, which make the selling or consuming of alcohol, gambling and relations between non-married males and females illegal. The trouble is that there exist no clear guidelines regarding the application of the Shari’a and the wilayatul hisbah (Shari’a police) is both poorly recruited and poorly trained. In practice, women and the poor are disproportionately targeted by wilayatul hisbah raids.

Some groups are calling for further expansion of the Shari’a so that, for instance, it may also be applied to non-Moslems. At the same time, however, other voices are heard as well:

“Al-Yasa’ Abubakar, the sharia office head, explicitly rejects a salafi approach, calling it an effort to turn the clock back to the seventh century, and stresses the importance of making Islamic teachings relevant to modern challenges. The worry of some Acehnese is that extension of Shari’a has been taken on as an agenda by conservative organisations more concerned with moral minutiae than with important social issues”

The report delves much deeper into all these as well as other points and describes a number of incidents that have taken place in Aceh. I would say; read the report for yourself! Food for thought!

On a lighter note, you will find below the outcome of the IRC Indonesia photo contest. I hope you all have a fine week.