FEATURE: Casting the stone

Politicians in the Indonesian province of Aceh recently passed a law which would allow for adulterers to be stoned to death.

Supporters of the law say it is unlikely it will ever be applied, but it is necessary as a deterent to would-be adulterers.

Aceh was granted the right to implement strict Islamic sharia law under an autonomy agreement, which ended a three-decade separatist struggle.

In recent years, caning has been used as a punishment for Muslims caught gambling or drinking, and for unwed couples engaging in sexual activity.

But the laws and punishments are unpopular and, many argue, increasingly at odds with Indonesia's national laws.

People in Aceh spoke to Radio Australia about how they feel living under the shadow of sharia.

Katie Hamann

Last Updated: Thu, 24 Dec 2009 12:23:00 +1100

A call to prayer soars above Banda Aceh's majestic grand mosque.

Islam's journey into South-East Asia began here eight centuries ago. And it is here today that the forces of conservative Islam seek the establishment of full sharia law.

In September, Aceh's outgoing lawmakers used their final days in office to force through a bill allowing the stoning to death of Muslim adulterers.

Prosperous Justice Party member Moharriadi Syafari was one of the law's key sponsors. He says implementing sharia is the will of the people.

"I don't expect people in the West to understand this. This is the character of Acehnese people and also what we believe in Islam.

Execution

"We also do not understand why in America there is death by injection and in China execution by shooting.

"This is our belief - that when we implement our religion we will get blessings and our security will be guaranteed."

But Eva Zain, director of the Aceh Human Rights Non-Govenmental Organisation Coalition says extreme interpretations of Islam are not compatible with Aceh's culture.

She says: "Creating . . . the law is the conservative parliament. I think they have been going to several states in the world, not for learning, only for shopping. And they still thinking Aceh is living in the stone age.

"They are creating a regulation with what they thought, not what is the context today, what is the psychology, that people in Aceh needed."

Governor

What does Ms Zainmean by saying they go "shopping"? What other countries do the parliamentarians visit?

"To Kelantan, Malaysia, to the Arab (sic) for example. they are taking that and bringing it to Aceh.

"Aceh is not Arab, Aceh is not Kelantan. Aceh is not an Islamic country. Aceh is Indonesia."

Aceh governor Irwandi Jusuf has openly opposed the regulation, but it passed into law in October without his signature.

Objections have also been raised in Jakarta, where the central government has called for a review of the law.

Proponents concede it is unlikely that an adulterer will ever be stoned to death in Aceh. But they say the code is necessary to prevent people from violating their marriage vows.

Impossible

Muslim Ibrahim, head of the Aceh Ulemas Council, says the requirement of four witnesses to acts of adultery will mean convictions are almost impossible. And he acknowleges the punishment is cruel.

"This is a way for us to return to our religion and we are in the process of forming our society," Mr Ibrahim says.

"Right now, if we are not overshadowed by the law, we will take things for granted. Yes, I think it is cruel, but the cruelty must be understood so that it is scary. If it is scary, people will not commit the crime."

The law has exposed divisions within the Acehnese community. Civil society groups say they are determined to fight it. But many see it as part of their commitment to Islam.

Ade is married with two children. She says she supports the law, because it comes from the time of the prophet.

Deserves

Anwar, 38, is less certain. "Well in Islam, that's the rule: when someone commits adultery then he or she deserves stoning. But if we talk about Aceh and Indonesia, I don't really know what it should be. I suppose at the end we will support it."

Romi, 28, has a different concern. He says people with connections to the government have already escaped punishment by caning.

"I don't agree with it. We live in the modern era. There are other alternatives. As a Muslim, adultery is forbidden. But I am afraid that this punishment will not be implemented properly, that it will only be applied to ordinary people."

Eva Zain says Acehenese are afraid to voice their opposition and politicians and ulemas (legal scholars) are manipulating Islam for their own political agendas.

"In Aceh we have been facing too much pressure already," Ms Zain says.

"We are just transitioning from the conflicts (of the) past and the tsunami. Because of that we are confused, when the regulation is creating more wars . . .

"We don’t know how to speak out because if we do not agree with the Sharia Islam, they are blaming us as a kaffir (enemy of religion). But the Islam that I understand, that people understand, gives blessings to the people."