Irwandi Yusuf, who is currently leading vote counting in the Aceh gubernatorial election, said he would never approve the bill, which was announced by local authorities last week.
"I will never agree to such a stiff bill. Common people steal because they're hungry and they usually commit such crimes because their situation forces them to do so. It is not fair to impose such a harsh sanction on the common people," he told The Jakarta Post here Friday.
Irwandi, a former rebel leader who studied postgraduate veterinary science in Oregon in the U.S., said it would be more fair to impose amputation on people who stole public funds.
"If the harsh bill is imposed on corrupters it will effectively help eliminate or minimize the corruption that has contributed to the poverty of a majority of the Acehnese people," he said.
He said his government would evaluate the implementation of sharia law in Aceh, adding he felt it had gone beyond pure Islamic teachings.
Surah (5) AL Maa-Idah : 38
Laki-laki yang mencuri dan perempuan yang mencuri, potonglah tangan keduanya (sebagai) pembalasan bagi apa yang mereka kerjakan dan sebagai siksaan dari Allah. Dan Allah Maha Perkasa lagi Maha Bijaksana.
"Sharia law was created not to get humans in trouble but to form an Islamic religious community. How can we prohibit people from stealing what they need to survive after their rights have long since been stolen. The bill will be effective only after the people's social welfare has improved," he said.
Banda Aceh residents questioned the political motives behind the bill, saying the province was in need of qanun, or official code, on corruption.
Becak driver Ali, 29, said he thought the bill was unfair and called on the provincial legislature and government to drop it.
"The bill will bring suffering to the poor because only the poor usually commit such violations," he said.
Feminist Naimah Hasan said the bill was regrettable and urged the government to let civil society discuss it before it was submitted to the provincial legislature for deliberation.
She questioned the provincial sharia office's political moves behind the sharia bylaws, saying that the government should not try to win the public's support through such bills.
"We have already had a qanun on stoning for women in adultery cases and on caning for gamblers and liquor distributors and consumers and we'll have another harsh qanun on hand amputation for thieves. All the qanuns target vulnerable groups and the poor. But no measures are being taken against corrupters and those who make a lot of money through gambling," she said.
Other members of the public are not aware of the bill. Mufi, a student at Syiah Kuala University, and Zubaidah, a market trader, both said they were shocked to hear of the plan.
Bill on thieves
* Chapter 4: Anyone stealing others' belongings (that are) equal to 94 grams of gold with the intention of possession faces the threat on hand-amputation (jarimah uhud).
* Chapter 5: Anyone stealing others' belongings equal to 94 grams of gold or more faces the threat of a maximum 60 canings (uqubuat ta'zir) and a minimum 20 canings or a maximum fine of Rp 60 million and a minimum Rp 20 million or a maximum ten years' imprisonment and a minimum 39-month jail sentence.
* Chapter 7: Anyone stealing others' belongings equal to six but less than 46 grams of gold faces the threat of 15 canings at maximum and five caning in minimum, a maximum fine of Rp 15 million and a minimum Rp 5 million or a maximum 30 month-jail sentence and minimum ten-month jail sentence.
* Chapter 8: Anyone stealing others' belongings equal to less than six grams of gold faces a maximum five canings and minimum two canings, or a maximum fine of 5 million and Rp 2 million in minimum, or a maximum ten-month jail sentence and a minimum four-month jail sentence.
sumber : jakartapost
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Sahih Bukahri, Volume 8, Book 81, Number 791:
Narrated Abu Huraira:
Allah 's Apostle said, "Allah curses the thief who steals an egg (or a helmet) for which his hand is to be cut off, or steals a rope, for which his hand is to be cut off."
Sahih Bukahri, Volume 8, Book 81, Number 780:
Narrated 'Aisha:
The Prophet said, "The hand should be cut off for stealing something that is worth a quarter of a Dinar or more."
Sahih Bukahri, Volume 8, Book 81, Number 781:
Narrated 'Aisha:
The Prophet said, "The hand of a thief should be cut off for stealing a quarter of a Dinar."
Sahih Bukahri, Volume 8, Book 81, Number 782:
Narrated 'Aisha:
The Prophet said, "The hand should be cut off for stealing a quarter of a Dinar."
Sahih Bukahri, Volume 8, Book 81, Number 785:
Narrated 'Aisha: A thief's hand was not cut off for stealing somethingcheaper than a Hajafa or a Turs (two kinds of shields), each of which was worth a (respectable) price.
Sahih Bukahri, Volume 8, Book 81, Number 786:
Narrated 'Aisha: A thief's hand was not cut off for stealing something worth less than the price of a shield, whether a Turs or Hajafa (two kinds of shields), each of which was worth a (respectable) price.
Sahih Bukahri, Volume 8, Book 81, Number 787:
Narrated Ibn 'Umar: Allah's Apostle cut off the hand of a thief for stealing a shield that was worth three Dirhams.
Sahih Bukahri, Volume 8, Book 81, Number 788:
Narrated Ibn 'Umar: The Prophet cut off the hand of a thief for stealing a shield that was worth three Dirhams.
Sahih Bukahri, Volume 8, Book 81, Number 789:
Narrated 'Abdullah bin 'Umar: The Prophet cut off the hand of a thief for stealing a shield that was worth three Dirhams.
Sahih Bukahri, Volume 8, Book 81, Number 790:
Narrated 'Abdullah bin 'Umar: The Prophet cut off the hand of a thief for stealing a shield that was worth three Dirhams.
Shahih Bukhari, Vol 8, Book 82. Hadith 801.
Narrated By Abu Huraira: The Prophet said, "The one who commits an illegal sexual intercourse is not a believer at the time of committing illegal sexual intercourse and a thief is not a believer at the time of committing theft and a drinker of alcoholic drink is not a believer at the time of drinking. Yet, (the gate of) repentance is open thereafter."
Shahih Bukhari, Vol 8, Book 81. Hadith 763.
Narrated By Abu Huraira: Allah's Apostle said, "When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it; and when somebody drinks an alcoholic drink, then he is not believer at the time of drinking, and when a thief steals, he is not a believer at the time when he is stealing; and when a robber robs and the people look at him, then he is not a believer at the time of doing it." Abu Huraira in another narration, narrated the same from the Prophet with the exclusion of robbery.
Malik Muwatta. Book 41. The Mudabbar. Hadith 028.
Yahya related to me from Malik from Ibn Shihab from Safwan ibn Abdullah ibn Safwan that it was said to Safwan ibn Umayya, "Whoever does not do hijra is ruined." So Safwan ibn Umayya went to Madina and slept in the mosque with his cloak as a pillow. A thief came and took his cloak and Safwan grabbed hold of the thief and brought him to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Did you steal this cloak?" He said, "Yes." So the Messenger of Allah, may Allah bless him and grant him peace, ordered that his hand be cut off. Safwan said to him, "I did not intend this. It is his as sadaqa." The Messenger of Allah, may Allah bless him and grant him peace, said, "Why didn't you do it before bringing him to me?"
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