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Aceh lawmakers pass shariah law that allows stoning, caning

Source
Jakarta Globe - September 14, 2009

Nurdin Hasan, Banda Aceh – Despite opposition from human rights activists, the Aceh Legislative Council on Monday endorsed a bylaw mandating stoning to death for adulterers and lashings for unmarried persons caught engaging in sexual intercourse.

The decision was taken by acclamation in a plenary session attended by 38 of Aceh's 69 legislature members. Zainal Abidin, deputy chairman of the Aceh Legislative Council (DPRA), led the session that endorsed five bylaws including the jinayat, or Sharia crime bill.

As the factions were reading their final stances, opponents and supporters of the stoning bylaw squared off outside the legislature building compound, prompting dozens of police and public order officers to tighten security around the complex.

Activists from nongovernmental organizations demanded the councilors delay endorsing the bylaw which, they said, did not reflect the wishes of the Acehnese people, while activists from university campuses and Muslim organizations attended in support of the bylaw. No clashes were reported between the two groups.

Bachrom M Rasyid, a United Development Party (PPP) councilor who chaired the committee deliberating the stoning bylaw, said after the session that all articles in the jinayat were approved and there were no significant changes to the draft.

"The bylaw has been endorsed, including the article on stoning. Thirty days after endorsement the bylaw will automatically become effective, with or without the governor's signature," he said.

The bylaw covers adultery, premarital sex, consumption of alcohol, rape, sexual harassment, homosexuality and gambling, according to a draft obtained by the Jakarta Globe. One article says persons engaging in premarital sex could be lashed 100 times, while adulterers could be stoned to death.

However, Bachrom acknowledged the bylaw may prove hard to implement. "It will be very difficult to prove whether or not someone has committed adultery because it requires four witnesses catching the offender in the act," he said. "The issue of implementation will come later, so long as we have a legal framework."

He added: "I guarantee the bylaw respects the rights of suspected offenders since one cannot just accuse others of committing adultery, as one who levels a false accusation is to be lashed 80 times."

Before the councilors endorsed the drafts, each faction read out their final stance on the bylaw and, according to Bachrom, only President Susilo Bambang Yudhoyono's Democratic faction made no reference to the stoning provision.

Muhammad Ali Yacob, chairman of the faction, declined to say if it supported the ordinance. "We did not say we didn't endorse the bylaw, we just don't want to comment on the stoning to death punishment," Ali Yacob said.

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