Lashing in Qanun Aceh and the Prohibition Against Torture and Cruel Treatment in the Convention Against Torture
Conference Proceeding, Aceh Development International Conference, Selangor, Malaysia (2017)
Posted: 6 Sep 2017
Date Written: March 25, 2017
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. This 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.
Addition: After the last page of the article (published in the conference proceeding), an additional few pages are added which are post-conference reflection: clarification on some mistakes and other things.
Keywords: Qanun, Aceh, Lashing, Torture, Inhumane Treatment
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