ACEH'S SHARIA BYLAWS 'HURTING THE NEEDY AND PROTECTING THE WICKED'

THIS IS A REPORT FROM THE JAKARTA POST OF 22 DECEMBER 2006 REPRODUCED FOR THE READER'S CONVENIENCE.

Sharia-style local government bylaws in Nanggroe Aceh Darussalam are bringing unnecessary hardship to the Acehnese and discriminating against women, people from the province say.

Yuswardi, a private company employee, criticized the rigid, "formalistic" implementation of sharia law in the province, which he said did nothing to help create a harmonious religious community in Aceh. "Four qanun (bylaws) have been produced that put harsh sanctions on minor crimes committed by needy and vulnerable groups, while many kinds of major crimes committed by 'the haves' and public officials have been ignored by the sharia affairs office," Yuswardi told The Jakarta Post. "Discriminatory bylaws are those on maisir (gambling), khalwat (adultery), khamar (the consumption of alcoholic beverages) and on personal dress, he said.

During the past five years, a total of 72 crimes have been prosecuted under the bylaws. People have been tried for 47 cases of gambling, 20 cases of adultery and five cases of drinking, with those found guilty often caned in public. The provincial administration has also set up a special religious police force to enforce the bylaws and bring perpetrators to trial at the new sharia courts.

Yuswardi also questioned a new draft qanun, which if enforced would see thieves have their hands surgically amputated. He called on the administration to create an antigraft qanun where public officials found guilty of corruption would also have their hands cut off.

"Corruption is far worse than common theft and graft is rampant among public officials -- they should be given the harshest punishments because they have stolen money belonging to the people," he said.

Artist Azahari, 25, said the bylaws were symbolic and did little to encourage moral behavior. Other examples of this "surface" public piety were Arabic writings put up in Muslim shops and the enforced closure of commercial premises during Friday prayers, he said.

"Islamic sharia should focus on Islamic education and spiritual training for Muslims -- to change their thinking and behavior and improve their spirituality," he said.

Women's activist Khairani Arifin criticized the bylaws' simplistic implementation, which she said had worsened the lot of women in the province. "Sharia implementation has focused on and discriminated against women, who are supposed to be agents of satanic deeds," she said. The bylaws are being enforced by people who are unqualified to pass judgment on others, she said. Neither were they properly discussed with the people they were going to affect.

Chief spokesman for the provincial administration, Hamid Zain, said the government's recent evaluation of the bylaws, which was published over the weekend, found they had lowered the crime rate. "The sharia bylaws have gone down well and have been implemented in all 21 (of Aceh's) regencies and municipalities. The last (law passed) was in Jantho," he said.

Hamid said the draft qanun on amputations for thieves would be discussed in public meetings before it was submitted to the provincial council for deliberation.

Meanwhile, the likely next governor of the province, Irwandi Yusuf, said his government would reevaluate the bylaws' implementation. "I personally disagree with the four qanun because they do nothing to improve peoples' religious lives. "All the bylaws will be evaluated and their implementation will be postponed if the people do not want them," he said.

By Nani Afrida & Ridwan Max Sijabat, The Jakarta Post, Banda Aceh