Pemberlakuan Hukum Jinayah di Aceh dan Kelantan [The Implementation of Islamic Criminal Law (Jinayah) in Aceh and Kelantan]

Abstract

A comparative study by Dr. Khamami Zada, M.A., a lecturer at the Faculty of Sharia and Law of UIN Syarif Hidayatullah Jakarta, on efforts to implement Islamic criminal law (jinayah) in two Malay regions: the Province of Aceh in Indonesia and the State of Kelantan in Malaysia. The book traces the historical, political, and legal background that drove the two regions to adopt jinayah law: Aceh's special autonomy and peace process, which gave birth to sharia qanun (on khalwat [illicit proximity], khamar [alcohol], maisir [gambling], up to the Qanun Jinayat), and the agenda of the Parti Islam Se-Malaysia (PAS) through the Kelantan Syariah Criminal Code (Hudud) Enactment of 1993, which ran up against Malaysia's federal system and constitution. The author compares the sources of law, the types of offences and sanctions (hudud, qishash, ta'zir), implementing institutions such as the Mahkamah Syar'iyah (Sharia Court) and the Wilayatul Hisbah (sharia police), and the responses of civil society, ulama, and the central government. The analysis shows that the implementation of jinayah law in both regions is the outcome of negotiation between religious aspirations, local identity, and the limits of the modern nation-state.