The Existence of Qanun Jinayat in Aceh a Critical Study of the Harmonization of National and Sharia Law

Abstract

This study explores the legal and social implications of Qanun Jinayat as a formal implementation of Islamic criminal law in Aceh, Indonesia—an autonomous region granted the right to enforce sharia law. The primary issue addressed is the complex tension between the normative frameworks of Islamic law and the national legal system rooted in Pancasila, the 1945 Constitution, and international human rights standards. Employing a qualitative case study method, this research gathered data through in-depth interviews, participatory observation, and comprehensive documentation. Key informants included legal scholars, religious leaders, law enforcement officers, human rights activists, and individuals directly affected by the enforcement of Qanun Jinayat. The findings indicate that although Qanun Jinayat embodies a strong expression of Aceh's religious and cultural identity, its implementation often results in inconsistencies and contradictions when assessed through the lens of national legal norms. The study highlights several critical issues, such as gender-based discrimination, unequal legal treatment, and the absence of rehabilitative mechanisms for offenders. Moreover, public punishment practices, such as caning, have triggered national and international concerns about potential human rights violations and social stigma. This research concludes that harmonizing Islamic law and national law in Aceh necessitates a critical, context-sensitive approach that fosters inclusive legal reform. Such harmonization must be rooted in constructive dialogue among stakeholders and guided by the principle of balancing religious authenticity with the imperatives of justice, human dignity, and constitutional compliance. The study contributes to the ongoing discourse on legal pluralism and human rights within Muslim-majority democratic societies.