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The shaky cell phone video shows a naked young man slumped on the floor, making a desperate phone call."Brother, please help, please help, please help us," he says.

In the background a shirtless young man tries to leave the room. The man on the floor is slapped, then kicked."Brother we got busted having sex," he says, on the phone.

The mere fact of conversing with the other sex is permissible in Islamic law without any legal impediment which hinders one or the two sexes from talking to each other as long as they keep the legal guidelines and as long as there is no locked door which prevent others from walking into the room in which the man and the woman are conducting the conversation.

This is the established scholarly opinion of authentic scholars and the evidence on their legal stance is extracted from both the Quran and the Sunnah.

Banda Aceh's head of investigations for the Sharia Police, Marzuki Ali, said the people who detained the pair on March 28 were neighbours of the men who were suspicious of the couple.

In the video, the religious policeman giggles as he describes their capture."Because of the suspicion, at around pm the locals raid the house, and they caught them having anal sex, through the 'back door'," he said.

An ECPAT International report estimates that each year, 40,000 to 70,000 children are involved in trafficking, pornography or prostitution in Indonesia, a nation of 240 million where many families remain impoverished.

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Al Hafiz ibn Hajar in his book (Fath al Bari) commented on this hadith and said that we can extract from this hadith the permissibility of conversing with women and posing questions which would bring benefits.

More importantly, not every seclusion is meant to be a prohibited seclusion as Bukhari and Muslim reported through the authority of Anas ibn Malik that a woman from the Ansar came to the Prophet so he sat alone with her and addressed her saying “by God you- the women of Ansar- are dear to my heart” and al Bukhari included this hadith under the chapter titled “Chapter on the permissibility of seclusion between a man and a woman when they are among people”.

Andreas Harsono, from the group Human Rights Watch, said the code against gay sex was passed in 2014, but until now authorities had not had enough evidence to charge anyone."Obviously it's not easy to catch a couple involved in a sexual act … If the men are convicted and caned, they will join the 339 people who were flogged in Aceh last year for so-called moral offences, like gambling, drinking, or spending time in private with a member of the opposite sex.

The ABC witnessed one of those canings in the Aceh town of Jantho — an 18-year-old woman who received nine strokes after she was caught alone in a room with her boyfriend.

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