Aceh’s Non-Muslims Voice Opposition to Shariah Law

Jakarta Globe, Nurdin Hasan, Sep 25, 2014

A convicted gamber is being caned in front of Al Falah mosque in Sigli, in Aceh's
Pidie district. On Friday, lawmakers in the province plan to pass a bylaw that will
impose Shariah law on non-Muslims. (Antara Photo/Zian)

Banda Aceh. The Aceh provincial administration’s plan to impose Shariah on non-Muslims has met a chorus of disapproval from the province’s minority religious groups.

Lawmakers in the Aceh Legislative Council (DPRA) plan to pass a bylaw on Friday that would impose a Shariah-based criminal code on both Muslims and non-Muslims, with offenders facing lengthy caning sessions or jail terms for acts that are legal elsewhere in Indonesia.

Speaking to the Jakarta Globe on Thursday, three prominent figures from the province’s minority religious groups — a Christian, Catholic and Buddhist — all expressed concern about the bylaw, known as qanun jinayat.

“Basically I disagree because there are already positive laws in Indonesia,” an Aceh Catholic figure, who spoke on condition of anonymity, told the Jakarta Globe.

A prominent Christian who has lived in Aceh for more than 35 years — and also spoke anonymously — said he disapproved. He said the province’s 50,000 Christians, who were unfamiliar with Shariah laws, could be caught out unfairly.

A draft of the local criminal code includes a clause that stipulates that a non-Muslim caught violating Shariah would be given the option of being tried at a Shariah court or at a regular court, based on the national criminal code.

However, if the act is considered a crime under Shariah but not under the national criminal code, even non-Muslim violators would be tried based on the regulations stipulated in the qanun.

The maximum punishment under the Shariah-based code is 200 strokes of the cane, a fine worth the price of 2 kilograms of gold or 200 months in jail.

The Catholic figure said that non-Muslims, who were not invited to speak during the draft discussions of the law at the DPRA, should have been given consideration.

“For non-Muslims, it is better for crimes to be charged under the KUHP [national criminal code],” he said.

Ramli Sulaiman, head of Commission G at the DPRA — which drafted the new code — admitted the legislative council did not invite non-Muslims to give their view in two years of discussion about the law. However, Ramli said there were no obligations or regulations that required it.

“But we will release information through mass media stating that the qanun will also be imposed on them,” he said.

Among doubts relayed to the Jakarta Globe, the minority leaders expressed concern about how the bylaw would affect the application of their own religious laws.

“My fear is if it is imposed … The violators will say, ‘I have been punished with shariah law, why would I be punished again by the church and by Catholic regulations?’ There will be overlapping [issues],” the Catholic leader said.

The Christian figure said: “We have our own regulation and we comply with the Criminal Code. There is no caning in Christianity.”

The Catholic leader said non-Muslims respected the province’s right to apply Sharia law, but requested the “wisdom” of minority voices be heard too.

A Buddhist from Aceh asked why the law should be applied to non-Muslims, but he said if the bylaw was passed, he hoped there would not be any discrimination.

There are an estimated 90,000 non-Muslims in country’s westernmost province.