From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

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By Waskito Jati Having remained under the jurisdiction of the Indonesian judicial system, the codified Acehnese Islamic criminal code (Qanun Jinayat) exemplifies the intricacies of incorporating classical Islamic concepts alongside … Continue reading From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

Commentary :: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law

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This commentary, by Waskito Jati, criticizes the prevailing opinion that non-Muslims who have been lashed in public after violating Islamic criminal law in Aceh have voluntarily surrendered to Islamic law after … Continue reading Commentary :: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law

Commentary :: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System

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This commentary, by Waskito Jati, discusses the formation of the new sharīʿa court (mahkamah syar’iyah) following the granting of the special region status to the province of Aceh, Indonesia, in 1999. … Continue reading Commentary :: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System

Commentary :: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

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This post, by Waskito Jati, examines the litigation process and sentencing regime for a new type of moral crime in Aceh: khalwat (when an unmarried man and woman are secluded). This … Continue reading Commentary :: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

Commentary :: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

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The distinction between state law and religious law remains administratively murky in many countries. Student editor Waskito Jati illustrates how a current case in Aceh, Indonesia, exemplifies the legal ambiguities. … Continue reading Commentary :: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System