Jinayat Verdicts Publication Really Needed

Jakarta | badilag.net/english | 01/12 | Shofa’u Qalbi

Publication on Jinayat Verdicts by Religious Court of Nangroe Aceh Darussalam Province via the internet has gained a positive response from academicians. The publication is really helpful for academicians to facilitate the study of Islamic law.

“The access to get reference of the study of Islamic law becomes easy due to the publication”, says Jainal Arifin, the Secretary General of the Association of Indonesian Scientist and Shari’a Scholar (HISSI), Monday (30/11).

According to Jainal, Jinayat or what so called Islamic Law of crime is one of the specific competences belongs to the Religious Court of Nangroe Aceh Darussalam as approved by the Law of Religious Court. Although the court only handles particular crimes, this competence has attracted so many attentions.

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Up till now, the competence of religious court which has been an object of study is Islamic private law (al-ahwal al-syahshiyyah) along with Islamic economy. Through the publication of the Islamic law of crime (jinayat), the object of study of Islamic law becomes broader. “The publication can be utilized as a primer source of the inquiry in Islamic law,” says the Lecturer of Shari’a and Law of Syarif Hidayatullah State Islamic University (UIN) Jakarta.

The publication of verdict is one of serious agendas of the Directorate General of Religious Court Body (Badilag).  Among those published verdicts are issued from the Religious Courts of Nangroe Aceh Darussalam Province.

Below are verdicts on Jinayat which have been published via the internet

Number	Case	Verdict	Penalty
01/JN/2007/MSy-Prov.	Alcoholic drink (Khamr)	Proven guilty against Article 6 (1) jo Article 26 (2) Qanun Number 12/2003 on Khamr (Alcoholic Drink)	40 canings
02/JN/2007/MSy-Prov.	Gambling (Maisir)	Proven guilty against Article 5 jo Article 23 (1) Qanun Number 13/2003 on Maisir (Gambling)	7 canings
03/JN/2007/MSy-Prov.	Gambling (Maisir)	Proven guilty against Article 5 jo Article 23 (1) Qanun Number 13/2003 on Maisir (Gambling)	6 canings
05/JN/2007/MSy-Prov.	Indecency (Khalwat)	Proven guilty against Article 5 jo Article 22 (1) Qanun Number 14/2003 on Khalwat (Indecency)	8 canings, plus 5 millions IDR penalty, and 3 months jailed subsidiary
08/JN/2007/MSy-Prov.	Gambling (Maisir)	Proven guilty against Article 6 (1) jo. Article 23 (2 ) Qanun Number 13/2003 on Maisir (Gambling)	15 millions IDR penalty
01/JN/2008/MSy-Prov.	Gambling (Maisir)	Unproven legally and convincingly guilty of committing the crime of gambling
02/JN/2008/MSy-Prov.	Gambling (Maisir)	Unproven legally and convincingly guilty of committing the crime of gambling

Near by the end of 2009, there have been seven verdicts on jinayat published on the website of AsianLII. Five of them are about the gambling and the rests are about alcoholic drink and indecency.

However, it seems to be inconsiderable number to publish only seven verdicts during two years by which all of the accused are men. Jainal hopes that the verdicts to publish in the future should be more than just seven in which women are about to be the accused, in case they appeal to a higher court. (hermansyah/shofa)