Last month, we read and heard about a man in Aceh who fainted during hiscaning execution. The incident has again put Sharia law applied in Aceh into the spotlight. Among those protesters areactivists who consider corporalpunishment a human rights violation.
Okay, that makes sense.But lets take a look.
Aceh Provinceofficially enforced Sharia Criminal Law or qanun jinayat, which criminalize adultery, homosexuality, and expressions of extramarital affection in public, and caning as a punishment is part of thelaw, based ona Quranic verse ofAn-Nur: 2.
Muslims believe that all the commandments and prohibitions, including punishment, arent man-made rules. They believe that its something that comes directly from God, and thus mustnot be questioned.
From a general perspective, punishments like caning may seem harsh, but in fact, the goal is clear: to bring deterrent effect as well as warnings for others to not commit such offense.
Such harshlaw enforcement aims to keep the public from losses and harms caused by various violations. For example, punishment for adultery aims to keepthe citizens safe from sexually-transmitteddiseases, prevent children being born outside marriage and as preserve the honor of women. And for me, itmakes sense.
And if you say that Aceh's bylaws violate human rights, don'tcommon penalties such as imprisonment also bear the risks of human rights violations?
I understand that there are rumors saying thatthe application of sharia law in Aceh isn'tappliedequally.
For example, last year in Banda Aceh, there were two officials arrested for committing adultery. According to Aceh People's Advocacy Foundation (YARA) activist Safaruddin, the case had been widely reported by the media, but the punishment wasnever carried out.
The punishment needs to be implemented indiscriminately. (So far) only poor and powerless people were executed, while those who are influential were not, he told BBC.
Aceh government has dismissed the allegations, stressingthat all parties committing violations will be penalized in accordance with applicable regulations.
But, doesn'tsuch thingalso happen in other legal system?
To wrap it up,for me, every punishment is enacted to provide a deterrent effect. What really matter is how the law isenforced and implemented as itshould be.
The views expressed in this article do not necessarily reflect Brilio's.
(brl/red)
