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THE IMPLEMENTATION OF ISLAMIC VALUES

THROUGH COMMUNITY LIFE IN INDONESIA


Case study: Province of Aceh

Stevan Adika [127925]


Religious Diplomacy A.Y. 2022/2023
Date submission: May 19th, 2023
Total word count: 2.570 words

When we are talking about religious diplomacy, we shall concern with relating issues,
with how the government (in a particular location) utilises religion as a tool to pursue or
influence others, both in society and in other organisations. Although religion is a personal
matter, we may learn about a country's history, economic position, and other aspects from
religion. Therefore, I brought up the topic about Islamic system that affects Indonesian
society’s daily social life, specifically in Aceh region, the westernmost province of Indonesia.
As a result, I brought up the issue of the Islamic economic system, which impacts Indonesian
society's everyday social life, particularly in the Aceh area, Indonesia's westernmost province.
As an introduction, I will present several backgrounds on Muslim law, as it is accepted and
implemented in that region, while remaining focused on the diplomatic context.

Background
Indonesia has the world's biggest Muslim population. According to Pew Research Center
(2015), almost 87,2 per cent of Indonesians (around 229 million people) are Muslim,
accounting for nearly 13 per cent of the global Muslim population. Also, more than 98,4 per
cent of Aceh residents are Muslim (Badan Pusat Statistik, 2022). This could happen, given the
fact that there were some Islamic empires around Aceh before to the 14th century. There is a
gravestone of Sultan Malik as-Salih, as the first Muslim monarch of Samudera Pasai, dated AD
1297. According to Skutsch (2005), in the 15th century, Islam spread further from Aceh where
it first emerged. Aceh has rapidly developed into an important Islamic cultural and educational
centre in Southeast Asia, even until nowadays.
After understanding the primary reason for the numerous advances of Muslims in
Indonesia, one point should be highlighted: the vast Muslim population is one of the major
powers that must be carefully considered. Hereafter, Aceh will serve as the setting for the case
study here, since it is a special region (by the law), rather than just merely an ordinary province.

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Aceh, being an autonomous province, has its own local law, known as Local Law of Aceh
(Peraturan Daerah Aceh) Number 5 of 2000, which governs the implementation of Islamic
law (Pelaksanaan Syariat Islam). This local law becomes the basis for making public policies
that are applicable in Aceh. In addition, Lembaga Wali Nangroe is a separate institute that
handles advocacy and controlling affairs. This institute is established based on the 2006 Aceh
Government Act (Undang-Undang 11/2006). As a result, it appears that Aceh is the only
province where Sharia principles and rules are applied in daily life. Sharia principles, once
again, apply not just to legal affairs, but also to political, economic, social, and cultural life.
Sharia economics, particularly in economic matters, is widespread and must be implemented
in this region.
When discussing the economic situation nowadays, the most significant example is
when, as of January 2022, all bank and non-bank financial organisations (insurance, leasing,
and others) must conform with the Sharia idea (rather than conventional activities). This
complies with Qanun Aceh Act 11/2018 about Sharia Financial Institutions. As a result, we
can observe how comprehensive the local government is, in applying Islamic law, in daily life.
Furthermore, the objective of Sharia concepts and approaches that are held in Aceh is to
achieve social harmony in this world and thereafter. Cited from Malahayatie and Muhayatsyah
(2021), in principle, the presence of Sharia perspective is to help human beings to achieve and
maintain their well-being. Implementation of this concept starts firstly with the establishment
of civil servants in its governance as stakeholders, as well as legislative or executive, and is
also carried out by private parties who undertake investment in Aceh. Thereafter, the whole
society in Aceh can use each Islamic Sharia guideline to express justice and realise the
wellbeing of the entire community in all aspects of life.
The fact that Aceh province has a special position in comparison to other provinces in
Indonesia should be considered. Currently, Indonesia has 3 (three) special provinces: Aceh,
Jakarta, and Yogyakarta. Previously, this area was an independent government that joined
Indonesia in 1953, eight years after the country's
independence. Because of this historical distinction,
Aceh has the power to control its own territory, one of
which is through the implementation of long-established
Sharia norms. When the Local Law Number 5 of 2000
was formally adopted, all activities in the Aceh area
comply with Sharia norms.
Fig. 1 Location of Aceh in Indonesia.
Source: researchgate.net

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Recent progress
In addition to the already mentioned historical and cultural connections, can the
principles of Sharia be appropriately implemented in a specific location, such as the cities of
Aceh? Hooker (2008), adapted from his book, suggests several evaluation requirements related
to the successful application of these norms, namely 1) the execution of norms should take into
account the measured criteria, 2) these norms must be able to be utilised effectively by
the public servants, and 3) these norms must reflect the extent of the local community's
compliance level. The data show that Aceh Qanun did not meet or exceed these expectations.
This may serve as a record for the local administration, as the application of Islamic law in
Aceh appears to have failed in crucial areas, such as establishing new organisations, improving
public trust in government officials, and lowering the level of social offences. In the framework
of the Aceh Qanun (along with the sanctions) being designed to deter individuals from
repeating their actions, these crimes can still occur and even be continued to this day by the
same people. As a consequence, an assessment is required to determine if the Islamic legal
system in place in Aceh is actually applicable or only a formalism. Hence, he continued to say,
that the effectiveness of establishing this system was judged not by the number of cases
resolved by the court, but by individual knowledge not to do things that were not authorised
by local rules. The concept is that these restrictions might be viewed as proof that God protects
people from misconduct, with various laws serving as supporting mediums. It is important to
note that this idea is inseparable from Sharia's role in raising awareness in order to empower
the local community. In the Aceh area, for example, Islamic law is applied in a method that
shifts far beyond mere legal requirements to bring about a social transformation.
Looking at the Qanun in Aceh from a wider perspective, these restrictions are fairly
similar to the law enforced in the rest of the country. As stated by Salim (2015), one of the
most notable distinctions is how they manage violations of the law. Punishments from the
Qanun in Aceh are decided by the type of crime and intensity of the crime committed as well.
For example, a defendant could face 50 (fifty) strokes or a one-month prison sentence if one
lash is equivalent to a single month in prison. Additionally, defendants can pay the fine in gold,
which is equivalent to 20 (twenty) grammes of gold for one-month imprisonment.
Nevertheless, this is controversial since a lot of people think it is ridiculous, because the market
value of gold is so expensive (which was then and nowadays) that only a few people are able
to buy it. Furthermore, no jurisprudence in Indonesian law (known as Kitab Undang-Undang
Hukum Pidana/KUHP or the Criminal Code) indicates that gold can be used to pay penalties.

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Aside from the above observation, we could wonder why, in Aceh's Qanun, the sanction
of stoning is denounced, while the sanction of caning receives less protest or Criticism from
the public. He points out three reasons why stoning should be avoided: 1) from an academic
standpoint, 2) from a political one, and 3) from a critical perspective.

Academic viewpoint
According to scholars, allowing the stoning regulation to go will demoralise Aceh's
judicial officers, making them worry when implementing the laws stated in the Qanun. Lack
of advice from the professors and lecturers in many Islamic educational institutions in Aceh
also contributes to this confusion of Sharia law enforcement in Aceh (if applied).

Political reaction
From a political standpoint, the implementation of the stoning regulation will negatively
affect Aceh's image in its perception of the rest of the world, both economically and politically.
The implementation of these sanctions might deter foreign investment in Aceh. Apart from
that, Aceh may be viewed as a region with fundamentalist Islam, similar to the countries in the
Middle East, which possibly influences Indonesia's national image. Instead of implementing
stoning sanctions, there are more important issues to address, such as enlarging public
understanding and awareness of the Islamic community in Aceh, so that religion is seen as an
instrument of getting closer to God, rather than a political tool.

Critical perspective
Critical feedback came up from a wide range of people, particularly those who
believe that the Indonesian legal system and international treaties have to be the primary source
in every Qanun throughout Aceh. On the one hand, the implementation of serious penalties
(such as stoning) in the Qanun has the potential to discriminate against humanity and cause
inequality. On the other hand, implementing the stoning sanction is considered to be a breach
of higher law in Indonesia. They say this for a purpose, because two requirements must be
followed. For instance, first, it is common to discover numerous Qanun that has problematic
legal chapters. As a result, an extensive evaluation is required to assess its historical and
religious accuracy. Second, there are still many individuals in Aceh who are unaware of
Qanuns and are surely not willing to accept these consequences. The disclosure of information
on the stoning sentence in dispute is required. If this is not done, it has the potential to provoke
conflict and vigilante reactions, which should be subjected to a fair trial.
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Interview: Examining Qanun as the embodiment of Islamic values in Aceh
I recently had the honour to interview Moch. Nur Ichwan, a lecturer at Yogyakarta State
Islamic University (Universitas Islam Negeri or UIN Yogyakarta) has actively published over
30 research articles in the previous decade. This interview was performed to address questions
about the extent to which Islamic values are practised in Aceh society, particularly in the
socioeconomic environment. This interview's content emphasises in at least a few main
concepts. He focused on his research experience in Aceh, especially in the Southeast Aceh
region. The purpose of this research is to illustrate the degree to which people in Aceh are
tolerant of other religions (as one of the essential characteristics of religious life in general).
There are around 100 churches, even though not every region has any. He concluded that those
who lived in Southeast Aceh (within the scope of his research) are relatively tolerant due to an
agreement formed in the Singkil region. Since Muslims represent the majority of Aceh's
population, those in the minority sometimes feel like "guests" in their own country.
The discussion begins with the topic of the notion of Sharia in the context of social
engineering. In political science, he defined social engineering as a top-down approach to
influencing people's behaviour on a huge scale. According to Feener (2013), social engineering
seeks to accomplish certain purposes and goals that are generally controlled by specific parties.
In order to develop new social constructs, social engineering utilises a number of scientific
methodologies. We recognise the terms Qanun and Fatwa in regard to Islamic law. As a result,
the social engineering in question is how the Qanun and Fatwa may affect the people of Aceh
(in particular), so that they remain away from violations while considering that God keeps them
from becoming subject to undesirable matters.
Secondly, the idea of dormant citizenship. According to the research paper he published
in 2020, Qanun as a source of the law that regulates social affairs in Aceh seems to have
resulted in non-Muslim people "losing" their status, because Qanuns follow the Sharia system
and principles that are seen to be beneficial to people living in Aceh region. As I said at the
beginning of this paper, Aceh is one of three Indonesian regions with "special" autonomous
status. Because of the unity of religions and beliefs based on ethnocentrism (ideas that "glorify"
their culture), these non-Muslims live in a "dormant" status in the Aceh region. Indeed, they
are generally tolerant of religious inclusiveness, but the sort of tolerance that occurs is through
limiting the freedom to worship (for example, the ratio of houses of worship to gatherings). As
a result, an effort to democratise social life in Aceh is rather difficult, as this ethnocentric aspect
has a major effect.

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The most important thing that needs to be highlighted is that, while living beside people
with different religions might be difficult at times, but it is not impossible. For example,
establishing a house of worship (including revitalising it) required additional permissions,
which is frequently highlighted by the media, creating an image that building a house of
worship in Aceh is impossible. In reality, there has been a long-standing agreement in Singkil,
and as long as we respect it, they will stay welcoming of members of different religions.
Below is a follow-up to his third and last argument, in which he criticised the importance of
Aceh's reforms to the law as a formal legal that should be suitable to the present. Even if the
Qanun is one of the outcomes of the Local Law of Aceh on implementing Sharia law, this
regulation should not exclude Aceh from the development of civilization and technology in
Indonesia, because Aceh is part of the democratic country of Indonesia. Actually, support from
conservative Islamic groups implicitly eliminates individuals who are a minority because they
believe they are not properly facilitated to worship or take part in other religious activities. He
concluded my interview by remarking that as long as Aceh is ruled by conservative
policymakers, this region's structures would not change much since the beginning of time. The
unique characteristics of the Aceh area should be considered a sort of contribution by the
people of Aceh to collective development since living in peace and tolerance is clearly a simple
but crucial thing that must be done under Islamic law.

Fig. 2 Online interview with Moch. Nur Ichwan.

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References
Badan Pusat Statistik [Central Agency on Statistics]. (2022). Jakarta.
Feener, R. M.. (2013). Social engineering through Sharia: Islamic law and state-directed da’wa
in contemporary Aceh. Indonesia Law Review, Vol. 3(3), pp. 285–310.
Hackett, Conrad and Connor, Phillip. (2015). The Future of World Religions: Population
Growth Projections, 2010-2050. Washington, D.C.: Pew Research Center.
Hooker, M. Barry. (2008). Indonesian syariah: Defining a national school of Islamic law.
Singapore: Institute of Southeast Asian Studies.
Ichwan, M. Nur, Salim, Arskal, and Srimulyani, Eka. (2020). Islam and dormant citizenship:
Soft religious ethno-nationalism and minorities in Aceh, Indonesia. Islam and Christian–
Muslim Relations, Vol. 31(2), pp. 215–240.
Malahayatie and Muhayatsyah, Ali. (2021). The existence of Islamic Sharia and security as the
effort for investment increasing in Aceh Province. Jurnal Penelitian Keuangan dan
Perbankan Syariah, Vol. 3(2), pp. 132–162.
Online interview with Moch. Nur Ichwan in April 5th, 2023.
Salim, Arskal. (2015). Contemporary Islamic law in Indonesia: Sharia and legal pluralism.
Edinburgh: Edinburgh University Press.
Skutsch, Carl. (2005). Encyclopedia of the World's Minorities. New York: Routledge.

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