Let's Hear it for Tolerance...

In a move that is sure to ignite heated debate not only about education, but also the direction of the United Kingdom, an undercover investigation by the BBC has discovered that schools under the auspices of the "Saudi Students Clubs and Schools in the UK and Ireland" organisation have been teaching some really interesting content. The investigation also uncovered that this content is being taught in some schools in the UK that are owned by the government of Saudi Arabia.

The schools in question are located throughout Britain and are "teaching" somewhere up to 5000 impressionable students from the ages of six to eighteen. The challenging content includes teaching students about Sharia Law, particularly the more brutal and heinous punishments available. For example, students are being taught that thieves will have their hand cut off for a first offense and then a foot for any subsequent offense.

Interestingly, the students are being taught that the process is humane as the stump where one's hand used to be is cauterised so as to prevent the thief from bleeding to death.

Some of the other juicer educational experiences include reminding students that homosexuality is an abomination in the eyes of Allah. Therefore, suitable punishments for homosexuals include stoning them to death, burning them to death, and throwing them off a cliff. The common denominator here being that homosexuals must die for their sins.

Funnily enough, the Jews do not miss out either in these weekend schools. Students are taught that those evil Jews are hell bent on world domination. And, if given the chance they will seek to take over and control all of the world's wealth and resources.

Ultimately, the theme of all this content seems to be "if you do not follow Islam, or convert immediately, then you are going to be damned to hell!"

Nothing like preaching a little love and tolerance, is there?


Apparently, Ofsted, the British educational watchdog, is doing a little investigating of its own and will soon report to the Education Minister, Michael Gove. I might try and see if I can follow this story through to its conclusion, if for no other reason than I am interested in the implications of teaching such content in schools generally.

To be honest, I do not see any problems with teaching the fundamentals of Sharia Law and what punishments are available under that system. It could be done in a manner that is comparative and without bias. However, the teaching of content that suggests that Jews are focused on world domination through control of financial and natural resources combined with the idea that any one who is not Muslim is damned to hell is likely to be much more problematic and controversial.

The anti-Semitism in the textbooks is surely going to get people fired up. The whole affair is likely to see some interesting to and fro in the cyber-sphere on all manner of things ranging from political correctness to tolerance.

I am surprised that I am yet to see the arguments rehashed that suggest within 20 years Britain will be a Muslim State under Sharia Law. Perhaps even the more extreme protagonists will start to suggest that this is the tip of the iceberg and it will not be long before Europe is an Islamic Caliphate. Hence, the poster and the idea that it will not take long to ignite differences to a flash point.

Does it all start with education?

Aceh and Stoning Adulterers...

The previous Aceh Regional Parliament passed a Qanun on Jinayat which included provisions relating to the stoning to death of adulterers. I have written a more detailed post on the provisions of the regulation here. This piece of 7th Century inspired legislation was passed in the dying days of the previous parliament's existence. However, a new more moderate parliament has been elected and the newly elected members had promised to revisit the regulation and amend it once they had the power to do so.

The new parliament has been installed. It is now a matter of urgency and one of credibility that the new parliament place the amending of the Jinayat regulation. Simply, it is time to ante up and do what must be done.

Some have argued that Aceh is a province that enjoys special autonomy and has special rights to self-government and the enactment and implementation of Shariah based laws and regulations. However, it is not the case that the regional regulations in Aceh can be in conflict with the 1945 Constitution of the Republic of Indonesia. Special autonomy or not, Aceh is still a province of the Republic of Indonesia, and this means that the 1945 Constitution still applies.

Stoning to death is an unusual, cruel, degrading, and inhuman punishment. It is a form of torture of the worst kind. To allow a regulation of this nature to stand unchallenged reflects badly on Indonesia as a whole. Stoning is not an acceptable form of punishment. The reality is that people that live in glass houses should not throw stones.

Maria Ozawa, Miyabi, Indonesia, and the MUI

On the completely unimportant news front, Maria Ozawa, or as she is better known, Miyabi (all images freely available on the internet), has made a trip to Indonesia and is to appear in a film. Now, before you get all hot and bothered, and despite her claim to fame as a recognized porn film star from Japan, the film is not to be porn. That said, the title of the film is "Kidnap Miyabi." So, perhaps the Indonesian producers of the film are capitalizing on her fame as a porn star.

I wonder would this film contravene the provisions of the new film law?

Nevertheless, the Indonesian Ulema Council (Majelis Ulama Indonesia / MUI) an organization that considers itself as spokesperson for all things Islam and Muslim, has decided that Maria Ozawa appearing in an Indonesian film is going to damage Indonesia's standing in the rest of the world. Although, I would have thought that any damage in the eyes of God might have been something more to fear.

It is a little bizarre that the MUI is worried that a Japanese porn star is going to damage Indonesia's standing in the world community, but seem less worried, or actually not worried at all, that the passage of regional legislation in Aceh that permits stoning of adulterers is not going to damage Indonesia's standing.

It would seem that the MUI is worried what message this sends to the world community, namely: that Indonesia has to import porn stars to appear in Indonesian non-porn films. Besides, it is not like Indonesia does not have some home grown porn stars that it could have turned to for this role, is it?

Stoning for Adultery -- Aceh Stepping Back In Time...

This is one of those moments where you shake your head, and fear for the future of Indonesia, all the while thinking, why? I have been thinking about writing this post for a while, but have held off to see whether the Aceh Regional House of Representatives (DPRA) would push this piece of legislation through before the term of the current legislature ends. I am not surprised that it passed, but it does pose some interesting issues going forward. I am also writing this post now because I have a copy of the Qanun and have taken the time to read it.

The DPRA passed the Qanun (Regional Regulation) on Jinayat (Crimes). Regional autonomy provides that regions can have more control over the regulation of their own affairs, and this includes the passage of regulations. In Aceh, this includes specific provisions that recognize the predominantly Muslim nature of Aceh. So, the drafting, enactment, and implementation of Syariah based regulations was not only contemplated but expected in the case of Aceh.

The Qanun is a perfection of a number of other previously issued Qanun (Nos. 12, 13, and 14 of 2003) and relies on Law No. 44 of 1999 on the Administration of the Special Province of Aceh and Law No. 11 of 2006 on the Governance of Aceh to provide the legal foundation for the drafting, enactment, and implementation of Syariah law in Aceh.

Interestingly, in the"In View Of ..." section of the Qanun, which generally lists the laws in hierarchical form, the Al-Quran (Koran) and the Al-Hadits (Hadiths) appear before the 1945 Constitution of the Republic of Indonesia and all subsequent legislation. This is interesting because it suggests that "God's Law" is superior to all "man-made law" (for want of a gender neutral term).

Stoning is not a punishment recognized in Indonesian law. In fact, it would not be too difficult to make an argument for stoning to be a cruel and unusual punishment that is also in every sense inhuman and degrading. And, consequently, clearly contrary to several constitutional rights guaranteed to all Indonesian citizens, particularly Article 28(I).

Yet, it is worth noting that caning is also not a punishment recognized in Indonesian law, but remains on the statute books in Aceh. So, it remains to be seen who will make a constitutional challenge to the stoning provision (at the moment there seems to be plenty of punters willing to step up and take the challenge).

My view is that it might not even have to go to the Constitutional Court. It is possible that this Qanun breaches the requirements of legislation higher in the hierarchy of laws. It would also seemingly breach a number of international obligations that Indonesia has signed on to. This would conceivably allow the Minister of Home Affairs to question the validity of the Qanun and any subsequent implementation, and ultimately this process would lead to the Qanun being declared unconstitutional.

The House of Representatives (Dewan Perwakilan Rakyat / DPR) could also be more proactive in seeking to overturn this legislation as it would clearly suggest that a Qanun such as this one leads to a two-tiered justice system that discriminates against the followers of a certain faith.

Stoning is the sentence for those that knowingly commit adultery. However, this only applies to those who are married and knowingly commit this offense. For those that are unmarried, the punishment is up to 100 lashings with a cane. One of the accepted forms of evidence of adultery is a sworn oath that requires the oath maker to acknowledge that if they lie they will be damned in both this life and the afterlife. I am guessing this is meant to dissuade the aggrieved party from telling fibs. If you are a Muslim and not particularly devout then this might not be a consideration for you.

Funnily enough, not that there is anything funny about this Qanun, a woman who is pregnant outside of wedlock cannot be accused of adultery without sufficient evidence of her crime. Now, I would have thought aside from the immaculate conception that the chances of a woman outside of wedlock being pregnant would be pretty remote. I am obviously excluding cases where the woman has been raped from this scenario.

The Qanun also deals with rape. Rape includes anal and oral sex. However, somewhat disturbingly the definition implies that rape cannot occur between a husband and a wife. So, if you are married then "no" means "yes".

The other interesting aspect of this Qanun is that it provides for criminal fines to be paid in grams of pure gold. For example, if you get caught in the act of Liwath or Musahaqah, then the penalty is 100 lashes of the cane and a fine of 1000 grams of pure gold or 100 months in jail. It is a bit of a decision as to whether you want to part with the 1000 grams of gold or do the 100 months.

If one was thinking that this Qanun is the imposition of Syariah law and therefore only applies to Muslims living in Aceh, then you would be wrong. The Qanun definitely applies to all Muslims without exception. The Qanun also applies to any non-Muslim who commits an offense in concert with a Muslim, although this would seemingly require the non-Muslim part to acknowledge and choose to be tried under the provisions of this Qanun. The Qanun also applies to any non-Muslim who commits an offense under the provisions of this Qanun and where the offense is not explicitly regulated in the Indonesian Criminal Code.

The defense of the provisions are that they reflect what is contained in the Koran and the Hadiths, and thus are essentially the words of God and agreed recollections of the sayings of the Prophet. Simply, they cannot be changed or amended. In many senses, this is a step back in time to the time of 7th Century Saudi Arabia and one has to wonder what the relevance of those times are to 21st Century Aceh and more generally, Indonesia.

Hopefully, the incoming DPRA will see the error of the ways of the current DPRA and repeal this Qanun of their own accord.