Page:Christiaan Snouck Hurgronje - The Achehnese - tr. Arthur Warren Swete O'Sullivan (1906).djvu/146

 The punishments imposed by Mohammedan law for this offence (sexual intercourse between two persons not in the mutual relation of man and wife or master and slave) differ in proportion as the guilty parties may or may not have at some time in their lives had sexual intercourse in a lawful marriage. If so the punishment is stoning to death, if not, 100 stripes with the lash, followed (according to the Shafiite school) by banishment for at least one year.

The application of this law is extremely rare in Acheh, although its provisions are pretty generally known. This is undoubtedly due to some extent to the great difficulty of proving illicit intercourse according to the requirements of the Mohammedan law of evidence; it is not permissible to apply a punishment ordained of Allah to a crime which, clear though it be to human insight, is insufficiently proved in accordance with the rules of evidence prescribed by Allah's law.

In has happened in some few cases that some influential supporter of religious law has endeavoured to make an example by applying it in all its rigour to this sin so universally prevalent in Acheh. This was done for instance by Habib Abdurrahman, and the news spread throughout the whole country that a couple had indeed been stoned for illicit intercourse. When however some ulèëbalang conceives the same idea, there is generally found something lacking both in the proofs which the law requires and in the complete execution of the punishment.

As a matter of fact dina is the order of the day in Acheh, whilst its punishment is of exceptional occurrence unless where the injured husband takes active measures. Many chiefs carry on intrigues with the daughters of men of lower degree, and are generally able to nullify or prevent the visible consequences. The same is done by persons who hold forbidden intercourse with women of their own standing (generally balèë i. e. widows or divorced women). Dina with married women is also far from uncommon.

There are two different sorts of punishment for this offence, whenever any cognisance is taken of it.

1°. Wreaking of vengeance by the injured party (the husband, father,brother or other near relative of the party concerned), sometimesfollowed by a further punishment at the order of the ulèëbalang, if the injured party has only half finished his task according to the requirements of the adat.