Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

This indictment relates to a case involving a defendant with the initials AM who was accused of committing khalwat (being in a close proximity with a man unrelated to her by blood or marriage) and ikhtilath (physical intimacy between an unmarried man and woman). Her neighbors found her to be in close proximity in her home with a man, RS. AM insisted that RS was, in fact, her legitimate husband and that they were married by way of nikah dibawah tangan, a marriage officiated by a local imam and not registered in the civil registry. The prosecutor rejected the legitimacy of her marriage with RS by claiming that such unregistered marriage violated the Indonesian Marriage Law of 1974. Accordingly, AM’s act of being in close proximity with RS was considered unlawful.

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