Be careful criminalizing adultery<\/p>\n
Nurrohman, Bandung<\/p>\n
One of the articles in the revision of the Criminal Code that
\nsparked controversy among activists is the inclusion of adultery
\nor extramarital sex as a crime that could be punished by state.<\/p>\n
Although most Muslims and those of other faiths acknowledge
\nthat adultery is a sinful act that should morally be avoided,
\nthey may well be of a different opinion about whether it should
\nbe included in any criminal code.<\/p>\n
Discussion of this matter cannot be separated from a
\ndiscussion on the relationship between sharia law and the state.<\/p>\n
The proponents of sharia strongly argue that sharia tenets be
\nimplemented by the state. For them, sharia is not only a moral
\nlaw based on human conscience but also a penal law requiring the
\npunishment of violators through an instrument of the state.<\/p>\n
But others maintain that sharia law should only be used as a
\nmoral guidance.<\/p>\n
In pondering this debate, it may be worthy to look at an
\nincident which occurred during the time of the prophet Muhammad.<\/p>\n
It was said that a person had come to the prophet and
\nconfessed to committing adultery and asked to be punished by
\npenalty of death. The prophet turned his face and refused to
\nlisten.<\/p>\n
Since the act had been conducted in secret, and thus public
\norder and morality did not suffer, the matter concerned only the
\nguilty party who, with his soul and conscience had to beg God's
\nforgiveness.<\/p>\n
The man, however earnestly renewed his confession and his
\nrequest so as to prove his sincerity towards God and to deter
\nothers from committing the same act. Again, the prophet turned
\nhis face. The same thing happened a third time.<\/p>\n
But then the culprit repeated his demands a fourth time.<\/p>\n
Eventually at the moment of execution the man regretted his
\ndeclaration and ran away. The execution squad eventually chased
\nhim down and executed him.<\/p>\n
The prophet then pronounced his famous sentence: \"Would that
\nyou had left him alive: He would have repented, and God would
\nhave been merciful to him\".<\/p>\n
This story indicates that even during the time of the prophet
\nsinful acts like adultery if conducted in secret could be
\ncategorized as a private matter.<\/p>\n
So it is suggested to violators to repent and ask for God's
\nforgiveness. Adultery could only be categorized public matter if
\nit began in some way to disturb public order.<\/p>\n
It also indicates that punishment -- 100 lashes for an
\nunmarried person or stoning to death for a married person -- is
\noptional.<\/p>\n
Therefore we should not be so rash in criminalizing adultery.<\/p>\n
Sharia is a form of moral guidance for Muslims. Not all its
\ntenets should necessarily be adopted in a modern criminal code,
\nwhich is public law for all Indonesians irrespective of their
\nreligion.<\/p>\n
Adultery can and is punished by customary law in such regions
\nlike Aceh that have legalized certain customs.<\/p>\n
I am not opposing those who advocate a different point of
\nview, but I do oppose a single interpretation of sharia.<\/p>\n
We should recognize that there are many interpretations of
\nsharia's implementation.<\/p>\n
The writer is a lecturer at the postgraduate program in the
\nBandung State Institute For Islamic studies. He is also former
\nchairman of the department of comparative schools and law in the
\nSharia Faculty.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/be-careful-criminalizing-adultery-1447893297",
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