LASHING IN QANUN ACEH AND THE CONVENTION AGAINST TORTURE: A CRITICAL APPRAISAL

Malaysian Journal of Syariah and Law

Almonika Cindy Fatika Sari¹  Fajri Matahati Muhammadin²  Dian Agung Wicaksono²  Ola Anisa Ayutama³ 

[1] Djojodigoeno Research Institute for Adat Law Faculty of Law, Universitas Gadjah Mada;Faculty of Law, Universitas Gadjah Mada;Secretariat of the Daerah Istimewa Yogyakarta Regional House of Representatives;

关键词: aceh;    lashing;    torture;    international human rights law;    islamic law;   

DOI  :  10.33102/mjsl.v7i1.173

来源: DOAJ

【 摘 要 】

While considered archaic to some, the Islamic Sharia applies lashing as punishment for a number of penal offences. Aceh is a special province in Indonesia with the privilege to apply some level of Islamic Sharia. Among them is to apply lashing as punishment for crimes such as fornication, gambling, consuming alcoholic beverages, and many others. Some have criticized this punishment as a violation of the prohibition against torture and cruel treatment. Based on a mix of normative and empirical research, his article will explore the relevant sources of international law and examine whether or not such a claim is true. It will be found that the Islamic Sharia version of lashing as applied in Aceh does not violate this prohibition, except in a very narrow-minded view of international law which may be an intellectual legacy of colonialism towards the world.

【 授权许可】

Unknown