Sharia Law Courts

Feb 12th, 2007, in News, by

Aceh doesn't have enough qualified judges for its sharia courts.

The Jakarta Post says Aceh needs over 100 more judges to fully implement sharia across the province, with many sharia courts operating with only three to five judges.

Sharia High Court judge Marluddin said that currently there are nineteen sharia courts in each regency.

We need more judges to deal with the many violations being taken to the courts.

In order to be qualified a sharia judge has to be able to read the Koran and the kitab kuning, or the classical canon books of Islamic law.

This makes it difficult to recruit sharia judges, Marluddin said, because kitab kuning skills are generally limited to graduates of sharia departments at universities.

It's not easy to graduate from these courses, which is maybe why it's difficult to find sharia judges.

Aceh has implemented sharia since 2003, including the passage of seven sharia-inspired qanun (local ordinances).

Some examples of the qanun laws are those against against khamar (drinking), maisir (gambling) and khalwat (premarital sex), and one on dress codes. Punishments for these offences can involve caning.

District courts in the province no longer deal with cases which fall under the authority of these seven qanun, with such cases being heard at sharia courts.

A regulation on the establishment of the Sharia High Court was introduced in 2005, and it has since dealt with 157 cases. Of these cases, 103 were brought to the court in 2005, 53 in 2006 and one case so far this year.

Most of the cases tried relate to drinking and gambling.

Sharia High Court head Soufyan Saleh said.

Dress code violations are not being tried in court. Violators receive a lecture and sign a pledge promising to adhere to Islamic dress. Many of the defendants tried at the sharia courts are not represented by lawyers, he said.

The violators are usually caught in the act, so many of them prefer not to appeal the case to the higher court since it would be a waste of time.

Although based on sharia, legal decisions at sharia courts still refer to Indonesian law, with investigators and prosecutors still involved, as well as the police.

There are sharia police, or Wilayatul Hisbah, but their job is only to give advice, not to arrest and interrogate.


3 Comments on “Sharia Law Courts”

  1. avatar Cukurungan says:

    As I promised brother 1ndra here is my explaination why I said the hadist you reffered is a fake hadist.

    According quran, mankind no matters their races, gender, rich, poor, disabled or normal are equal and they’re differentiated by God only by their deeds based upon God given to them.

    Wealth, face, races, your parents etc, etc are considered as God given. Is there any your effort why you born in Indo with your parents. Of course none of your efforts .That’s why I called “God Given” including the wealth. Because Grand son of Suharto they almost do nothing but they are rich in other hand, there are so many “anak pemulung”, they even work harder than us but they’re can be ensure never becomes rich and always poor in the rest of their live and they were never chosing to become “anak pemulung”.

    The above statement even confirmed by God him self in Al-fajr about generic mis-asumption of mandkind, the rich Moslem and the poor Moslem are equal both of them are undergo testing of their faith.
    The rich one is tested their faith whether they “bisa bersyukur” it mean carried out AZIS while the poor one is tested by God whether they “bisa bersabar” it mean not becomes begging and keep their hand and desire toward the wealth given to the rich.

    There is also a hadist soheh confirming the above:
    One day some very poor sahabat came to our beloved prophet and complaint concerning their poor condition and questioning why the rich SAHABAT could deliver AZIS and get pahala of AZIS while the poor sahabat couldn’t deliver it so they wouldn’t eligible to pahala of AZIS. Our prophet answer is very clear, if the poor can keep their hand from stealing and or begging from the rich, they would be eligible the same pahala of AZIS of the rich.
    I agreed with you that’s “upper hand” better than” lower hand” but if the poor can keep their hand God will love “orang miskin beriman” not less than His love toward the rich.
    The truth from God and the wrong one from myself.

  2. avatar Dragonwall says:

    No wonder some of them worked to death..Under paid and over worked…

  3. avatar tikaperwita says:

    cukurungan: good explanation brother… we must find out the status of hadith first before we use it.. dont use fake hadith, u must find out shahih n hasan hadith… would be better if you include the source of this Hadith

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