INTRODUCTIONINTRODUCTION

ENFORCEMENT PHASESENFORCEMENT PHASES

TYPES OF PUNISHMENTS & OFFENCESTYPES OF PUNISHMENTS & OFFENCES

TO WHOM DOES THIS ORDER APPLY?TO WHOM DOES THIS ORDER APPLY?

METHODS OF PROOFMETHODS OF PROOF

OFFENCES AND PUNISHMENTS (HADD & QISAS)OFFENCES AND PUNISHMENTS (HADD & QISAS)

CIRCUMSTANCES WHEN CIRCUMSTANCES WHEN HADDHADD PUNISHMENT WILL NOT BE PUNISHMENT WILL NOT BE

IMPOSED (FOR IMPOSED (FOR SARIQAH SARIQAH OR THEFT OR THEFT))

GENERAL OFFENCESGENERAL OFFENCES

CONCLUSIONCONCLUSION

CONTENTSCONTENTS

OBLIGATION TO IMPLEMENT LAWSOBLIGATION TO IMPLEMENT LAWS

According to al-Quran and as-Sunnah

al-Maidah: verse 49

ا م� ب�م� كم� ب�ي�ن�ه ن� اح�أ� و�

ل� الل�ه و�ال� ت�ت�ب�ع� �ن�ز� أهم� ذ�ر� اء�هم� و�اح� و� أ�ه�

ت�نوك� ع�ن� ب�ع�ض� أ�ن� ي�ف��ل�ي�ك� ل� الل�ه إ �ن�ز� ا أ …م�

Al-QuranAl-Quran

“And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you ...”

• It is obligatory upon head of the state to implement laws in accordance with in accordance with what has been revealed by Allahwhat has been revealed by Allah.

• We are reminded not to be influenced

by any form of inclination that are tempting away from what has been revealed by Allah.

Essence of the Verse

Sabda Rasulullah Sallallahu ‘Alaihi Wasallam which implies: Whoever has been imposed hadd penalty, his penalty will be expediated in the world, Verily Allah is Just from repeating Verily Allah is Just from repeating the same punishment in the Hereafter,the same punishment in the Hereafter, and whoever has been executed the hadd penalty, verily Allah will cover and forgive him. Verily Allah is Noble from repeating the punishment on whom He hath forgiven.

(Narrated by Ahmad, Tirmizi, Ibnu Majah from Ali bin Abi Thalib)

Hadith

Punishment by hadd in this world releases the perpetrator from being punished in the Hereafter

Essence of the Essence of the HadithHadith

PROCLAMATION OF PROCLAMATION OF SYARIAH PENAL CODE, 2013SYARIAH PENAL CODE, 2013

“… “…With the blessings of Allah, this With the blessings of Allah, this legislation will be gazetted today, the 22nd legislation will be gazetted today, the 22nd of October, 2013, and will come into force of October, 2013, and will come into force six months hereafter in phases. By the six months hereafter in phases. By the Grace of Allah, with the coming into effect Grace of Allah, with the coming into effect of this legislation, of this legislation, our duty to Allah is our duty to Allah is therefore being fulfilledtherefore being fulfilled…”…”

Titah in conjunction with Knowledge Convention Titah in conjunction with Knowledge Convention on on 1717thth Zulhijjah 1434 / 22 Zulhijjah 1434 / 22ndnd October, 2013 October, 2013

BRUNEI CONSTITUTIONBRUNEI CONSTITUTION

Article 39 & Article 83(3)

“...Powers of His Majesty to make laws in the interest

of the public and to prescribe penalties…”

ENFORCEMENT PHASESENFORCEMENT PHASES

FIRST PHASEFIRST PHASE

2222ndnd April, 2014 April, 2014

All Offences under All Offences under Part IV Chapter IV that are Part IV Chapter IV that are

punishable only bypunishable only byFINE or IMPRISONMENTFINE or IMPRISONMENT

SECOND PHASESECOND PHASE

12 months 12 months after the Syariah Courts Criminal PROCEDUREPROCEDURE Code (SYARIAH COURTS CPC) is

gazetted

All offences All offences under Part IV Chapter I, II and III under Part IV Chapter I, II and III that are that are punishable bypunishable by

HADDHADD, , QISASQISAS, , DIYAT, BADAL–AL-SULH DIYAT, BADAL–AL-SULH OR OR ARSY ARSY EXCEPT EXCEPT offences punishableoffences punishable by by DEATHDEATH

THIRD PHASETHIRD PHASE

The Order will be FULLYFULLY enforced including offences

punishable by death

24 months 24 months after the Syariah Courts Criminal PROCEDUREPROCEDURE Code (SYARIAH COURTS CPC) is gazetted

TYPES OF PUNISHMENTSTYPES OF PUNISHMENTS & &

OFFENCESOFFENCES

TYPES OF PUNISHMENTS

Punishments as specified in the

Quran and Hadith

Punishment as ordained by the Quran and HadithHaddHadd

Retaliation or similar punishmentQisasQisas

Specified amount payable to heirs of victim of qatl (restitution)

Diyat

Mutually agreed compensation to be paid to a wali-ad-dam / victim

BadalBadal- al -- al -sulhsulh

Compensation payable to the victim of hurtArsyArsy

TYPES OF PUNISHMENTS

Punishments Punishments fixed by the Head fixed by the Head of State (Ta’zir)of State (Ta’zir)

Fine, imprisonment, Fine, imprisonment, rehabilitation, supervison, rehabilitation, supervison,

whipping and deathwhipping and death

TYPES OF OFFENCESTYPES OF OFFENCES

HADD QISAS, DIYAT, ARSY &

BADAL–AL–SULH

TA’ZIR

Sariqah (theft)

Offences Offences against the against the

human bodyhuman body

QatlQatl (causing (causing death) death)

or or causing hurtcausing hurt

Hirabah (robbery)

Zina (adultery) includes Zina bil-jabar (rape) and liwat (sodomy)

Qazaf (Accusation of zina /zina bil-jabar/

liwat)Drinking Intoxicating

drinks

Irtidad (apostasy)

Offences Offences other than other than

those those punishable punishable with with hadd hadd

or or qisasqisas

Muslims and

Non-Muslims

TO WHOM DOES THIS ORDER TO WHOM DOES THIS ORDER APPLY?APPLY?

AMONG OF OFFENCES AMONG OF OFFENCES APPLICABLE TO APPLICABLE TO MUSLIMS ONLYMUSLIMS ONLY

• IrtidadIrtidad (apostasy)(apostasy)• WorshipWorship• Non-payment of Non-payment of zakat zakat or or fitrahfitrah• Failure to perform Friday prayerFailure to perform Friday prayer

AMONG OF OFFENCES APPLICABLE TO BOTH MUSLIMS AND NON-MUSLIMSBOTH MUSLIMS AND NON-MUSLIMS

• Sariqah Sariqah (Theft)(Theft)• Hirabah Hirabah (Robbery)(Robbery)• Qatl Qatl (Causing death)(Causing death)• Causing hurtCausing hurt• Contempt of Prophet MuhammadContempt of Prophet Muhammad• Deriding etc. verses of Al-Qur’an or hadithDeriding etc. verses of Al-Qur’an or hadith• Indecent behaviourIndecent behaviour• Disrespecting Ramadhan (fasting month)Disrespecting Ramadhan (fasting month)

AMONG OF OFFENCES THAT APPLY TO NON MUSLIMS SUBJECT TO TO NON MUSLIMS SUBJECT TO

CIRCUMSTANCESCIRCUMSTANCES

• ZinaZina (adultery) if (adultery) if committed with a committed with a MuslimMuslim

• Drinking intoxicating liquor Drinking intoxicating liquor inin public public placesplaces

• Khalwat (close proximity) ifKhalwat (close proximity) if committed with a Muslimcommitted with a Muslim

Offences committed abroad by Offences committed abroad by a a citizen citizen oror permanent permanent resident resident may be prosecuted in may be prosecuted in Brunei.Brunei.

Section 6(3) Syariah Courts Act Section 6(3) Syariah Courts Act Cap.184Cap.184

OFFENCES COMMITTED OUTSIDE OFFENCES COMMITTED OUTSIDE BRUNEI DARUSSALAM BRUNEI DARUSSALAM

METHODS OF PROOF

OFFENCES PUNISHABLE WITH HADD, QISAS OR DIYAT

IKRAR (Confession) OR SYAHADAH SHAHID (Testimony of witnesses)

HADD, QISAS OR DIYAT

PUNISHMENTPUNISHMENT OTHER THAN

HADD, QISAS AND DIYAT

MEETS ALL CONDITIONS

(NO DOUBT AT ALL)

FAILS TO MEET ALL CONDITIONS BUT THERE IS CREDIBLE EVIDENCE

THAT IS ADMISSIBLE BY COURT e.g. CCTV, DNA

(BEYOND REASONABLE DOUBT)

METHODS OF PROOF

CONFESSION OR TESTIMONY OF WITNESSES (BAYYINAH / CIVIL STANDARD)

OR ANY OTHER EVIDENCE ADMISSIBLE BY COURT

e.g. CCTV, DNA, ETC(BEYOND REASONABLE DOUBT)

GENERAL OFFENCES

FINE, IMPRISONMENT, REHABILITATION, SUPERVISON, WHIPPING AND DEATH

METHODS OF PROOF

DEFINITIONSDEFINITIONS

SOME REQUIREMENTS OFSOME REQUIREMENTS OFIKRAR IKRAR (CONFESSION) AND (CONFESSION) AND SYAHIDSYAHID

(WITNESS)(WITNESS)REQUIREMENTS OF

IKRAR

•SOUND MIND•ATTAINED PUBERTY•VOLUNTARILY

REQUIREMENTS OF A SYAHID WITNESS

•SOUND MIND•ATTAINED PUBERTY•‘ADIL•POSSESS GOOD MEMORY•ABLE TO SEE, HEAR AND SPEAK (HADD AND QISAS CASES)

OFFENCES & PUNISHMENTSOFFENCES & PUNISHMENTS((HADDHADD, , QISAS, DIYAT, ARSY QISAS, DIYAT, ARSY

OROR BADAL AL-SULH BADAL AL-SULH))

HADDHADD

Muhshan A legally married person and had sexual intercourse in the marriage

Ghairu MuhshanA person who is not married or married but never had sexual intercourse in the marriage

HADDHADD

QISAS QISAS (RETALIATION)(RETALIATION), DIYAT , DIYAT (RESTITUTION), (RESTITUTION), ARSY ARSY (COMPENSATION) AND(COMPENSATION) AND BADAL AL-SULH BADAL AL-SULH

QISAS QISAS (RETALIATION)(RETALIATION), DIYAT , DIYAT (RESTITUTION), (RESTITUTION), ARSY ARSY (COMPENSATION) AND(COMPENSATION) AND BADAL AL-SULH BADAL AL-SULH

QISAS QISAS (RETALIATION)(RETALIATION), DIYAT , DIYAT (RESTITUTION), (RESTITUTION), ARSY ARSY (COMPENSATION) AND(COMPENSATION) AND BADAL AL-SULH BADAL AL-SULH

Value of Diyat (Restitution)

1000 dinars (4250 grams of gold) or its 1000 dinars (4250 grams of gold) or its equivalent in local currency at the time equivalent in local currency at the time when when qatlqatl is committed. is committed.

Illustration Illustration

1 gramme of gold = $80.001 gramme of gold = $80.00

4250 gramme of gold x $80.00 = 4250 gramme of gold x $80.00 = $340,000$340,000

GENERAL OFFENCESGENERAL OFFENCES

GENERAL OFFENCESGENERAL OFFENCESUNDER PART IV CHAPTER IVUNDER PART IV CHAPTER IV

S.94(1)S.94(1)PREGNANT OUT OF WEDLOCKPREGNANT OUT OF WEDLOCK

Punishments:

Fine ≤ $8,000;Imprisonment ≤2 years

or both

Fine ≤ $4,000;Imprisonment ≤1 year

or both

Ghairu Muhshan(not (not married / married but never had sexual intercourse in the marriage)

Muhshan(married and had sexual (married and had sexual intercourse in the intercourse in the marriage)marriage)

S.94(5)S.94(5)MAN IMPREGNATES A MUSLIM MAN IMPREGNATES A MUSLIM

WOMAN OUT OF WEDLOCKWOMAN OUT OF WEDLOCK

Punishment:

Fine ≤ $8,000;Imprisonment ≤ 2 years

or both

S.194S.194FAILURE TO PERFORM FRIDAY

PRAYERFine ≤ $200 for

first offence

Fine ≤ $300 for second offence

Fine ≤ $1,000 for third or

subsequent offence

Male of 15 years and of Male of 15 years and of sound mindsound mind

Without anyWithout anyreasonable excusereasonable excuse

Without Without uzur syar’ieuzur syar’ie

Fine ≤ $4,000, Imprisonment ≤ 1 year

or both

S.195S.195DISRESPECTING MONTH OF RAMADHAN

(1) Consumes any food, drink or tobacco in a public place(2) sells/serves any food, drink or tobacco for immediate consumption at that spot (in a public place)(4) An employer abetting the offence committed by his employee under subsection (2)

APPLICATION: MUSLIM AND NON-MUSLIMAPPLICATION: MUSLIM AND NON-MUSLIM

EXCEPTION EXCEPTION

Medical Practitioner Or

Any personWho serves any food / drink / medicine to any patient during the fasting hours in the month of Ramadhan without which such patient will be affected.

S.196 S.196 KHALWATKHALWAT

Isolating oneself in close proximity that can

lead to suspicion that they are committing an

immoral act

Between one man and one woman (or more) who is not his / her mahram

Living together, cohabiting, in

confinement; OR

Fine ≤ $4,000Imprisonment ≤ 1 year or both

• Tarnishes the image of Islam;

• Depraves a person;• Brings bad influence; or• Causes anger to the

person who is likely to have seen the act.

S.197S.197INDECENT BEHAVIOURINDECENT BEHAVIOUR

Fine ≤ $2,000 Imprisonment ≤ 6 months or both

Without reasonable excuse:Fine ≤$1,000, imprisonment ≤ 3 months or both

For immoral purposes:Fine ≤$4,000, imprisonment ≤ 1 year or both

S.198 S.198 MAN POSING AS WOMAN OR VICE VERSAMAN POSING AS WOMAN OR VICE VERSA

S.199 S.199 INSTIGATING MARRIED MAN OR MARRIED INSTIGATING MARRIED MAN OR MARRIED

WOMAN TO DIVORCE OR NEGLECT DUTIES TO WOMAN TO DIVORCE OR NEGLECT DUTIES TO HIS WIFE OR HUSBAND OR CHILDRENHIS WIFE OR HUSBAND OR CHILDREN

S.200 S.200 PREVENTING LEGALLY MUSLIM MARRIED PREVENTING LEGALLY MUSLIM MARRIED

COUPLE FROM COHABITINGCOUPLE FROM COHABITING

Fine ≤ $4,000Imprisonment ≤ 1 year

or both

S.201S.201ENTICING OR CAUSING MUSLIM MARRIED ENTICING OR CAUSING MUSLIM MARRIED WOMAN TO LEAVE MATRIMONIAL HOMEWOMAN TO LEAVE MATRIMONIAL HOME

S.202 S.202 ENTICING, INDUCING OR PERSUADING FEMALE ENTICING, INDUCING OR PERSUADING FEMALE MUSLIM TO LEAVE CUSTODY OF HER PARENTS MUSLIM TO LEAVE CUSTODY OF HER PARENTS

OR GUARDIAN OR ANY PERSON HAVING THE OR GUARDIAN OR ANY PERSON HAVING THE LEGAL CUSTODYLEGAL CUSTODY

Fine ≤ $8,000Fine ≤ $8,000Imprisonment ≤ 2 years or bothImprisonment ≤ 2 years or both

Fine ≤ $1,000Imprisonment ≤ 3 months

or both

S.203S.203UNMARRIED FEMALE MUSLIM WHO UNMARRIED FEMALE MUSLIM WHO

LEAVES CUSTODY OF PARENTS LEAVES CUSTODY OF PARENTS OR GUARDIAN OR ANY PERSON OR GUARDIAN OR ANY PERSON

HAVING LEGAL CUSTODY HAVING LEGAL CUSTODY WITHOUT REASONABLE EXCUSEWITHOUT REASONABLE EXCUSE

S.204S.204GIVE AWAY OR SURRENDER OF MUSLIM

TO NON-MUSLIM

Fine ≤ $20,000Imprisonment ≤ 5 years

or both

Fine ≤ $12,000Fine ≤ $12,000Imprisonment ≤ 3 years Imprisonment ≤ 3 years

or bothor both

S.205 S.205 ACTING AS PROCURER FOR ANY PURPOSE WHICH IS CONTRARY TO HUKUM SYARA’

S 207(1)Muslim

207(1)(a)

teaches /expounds any doctrine relating to Islam

in amanner contrary to Hukum

Syara’

207(1)(b)

Teaches/expounds/carries out/

performs/practices any doctrine/ceremony/act

contrary to Hukum Syara’

S.207S.207 DOCTRINES OR PRACTICES DOCTRINES OR PRACTICES

CONTRARY TO CONTRARY TO HUKUM SYARA’HUKUM SYARA’

Non-MuslimS. 207(2)

207(2)(a)Teaches/ expounds

to Muslim a ceremony/act

contrary toHukum Syara’

Bab (2)(b)carries out/performs

on Muslim a ceremony/act

contrary to Hukum Syara’

S.207 S.207 DOCTRINES OR PRACTICES DOCTRINES OR PRACTICES

CONTRARY TO CONTRARY TO HUKUM SYARA’HUKUM SYARA’

Fine ≤ $20,000Imprisonment ≤ 5 years

or both

S.208 S.208 PRACTICING ETC. BLACK MAGIC

Knot, spell, chants, words, or specific

expression or special names spoken or

written or doing any act with evil purposes

Usually the person who practices black magic befriends, or asks for or seeks help from, iblis, satan, jinn, evil spirits,

spirits, ghosts and the like

Which has the implication and the effect, in the

ordinary course of nature, to cause harm to the body,

heart or mind of the person affected by black magic

(1)Practises / advertises black magic

Fine ≤ $20,000Imprisont ≤5 years

or both

Fine ≤ $12,000;Imprisonment ≤ 3 years or both

(2) Seeks help from a person who practices black magic for the fulfillment of any wish

S.208 S.208 PRACTICING ETC. BLACK MAGIC

Fine ≤ $20,000Imprisonment ≤ 5 years

or both

S.209 S.209 PROPAGATION OF RELIGION OTHER THAN

RELIGION OF ISLAM TO A MUSLIM OR A PERSON HAVING NO RELIGION

Worships: Person Place Nature Any object Thing Anything

Which is believed to have power to bring good luck, increases wealth, grants wishes, heals diseases etc.

Fine ≤ $8,000, imprisonment

≤ 2 years or both

S.216 WORSHIPPINGS.216 WORSHIPPING

Usage Usage in publication, speech or in publication, speech or public statement, public statement, any word to state or any word to state or

express any fact, belief, idea, concept, act, activity, express any fact, belief, idea, concept, act, activity, matter or instances of or relating to a matter or instances of or relating to a religion religion

other than the religion of Islamother than the religion of Islam

Fine ≤ $12,000;Imprisonment ≤ 3 ; or both

S.217S.217OFFENCES IN RELATION TO USE OF CERTAIN WORDS OFFENCES IN RELATION TO USE OF CERTAIN WORDS

IN RESPECT OF RELIGION OF ISLAMIN RESPECT OF RELIGION OF ISLAM

WORDS WHICH SHALL NOT BE USED IN RESPECT OF WORDS WHICH SHALL NOT BE USED IN RESPECT OF RELIGION OTHER THAN RELIGION OF ISLAMRELIGION OTHER THAN RELIGION OF ISLAM

1.1. AzanAzan2.2. BaitullahBaitullah3.3. Al-Qur’anAl-Qur’an4.4. AllahAllah5.5. FatwaFatwa6.6. Firman AllahFirman Allah7.7. HadithHadith8.8. HajiHaji9.9. Hukum Syara’Hukum Syara’10.10. IlahiIlahi

11.11. Ka’bahKa’bah12.12. Kalimah al-syahadahKalimah al-syahadah13.13. KiblatKiblat14.14. MasjidMasjid15.15. ImamImam16.16. MuftiMufti17.17. Mu’minMu’min18.18. SolatSolat19.19. WaliWali

APPLICATION: MUSLIM AND NON-MUSLIM

S.219S.219

ACCUSING ETC MUSLIM AS KAFIR; OR IS NO ACCUSING ETC MUSLIM AS KAFIR; OR IS NO LONGER PROFESSING THE RELIGION OF ISLAMLONGER PROFESSING THE RELIGION OF ISLAM

Fine ≤ $8,000Imprisonment ≤ 2 years

or both

S.220S.220

contempts or brings into contempt, insults, makes fun of, mocks, mimics or ridicules

Teaching of Islam

Practice or

ceremony related to Islam

Words regarded as holy

by Muslims

Law in force

related to Islam

Sahabat

Tenets of recognise

d sect

Fatwa published

in the Gazette

Fine ≤ $12,000, imprisonment ≤ 3 years or both

Section 229Section 229

Religious teaching without written approval

(1) (1) Any person who teaches any matter relating to Any person who teaches any matter relating to the religion of Islam without written approval the religion of Islam without written approval from the Majlis is guiltyfrom the Majlis is guilty

(2)Subsection (1) does not apply to – (Exception)

a)Any - Member of the Majlis or committee of the Majlis or

Secretary to the Majlis; or Any officer of the court; orReligious officer, religious teacher, Imam, Bilal,

Religious Enforcement Officer; or Person legally appointed under any written law or

rules for the purpose of religious teaching; orOffice as may be determined by the Majlis; and

(2)

(b) Any person who teaches or professes to teach any matter relating to the religion of Islam to his family members in his own residence only.

PenaltyPenalty

Fine $8,000, imprisonment ≤ 2 years or imprisonment ≤ 2 years or bothboth

SECTION 230 : CONTEMPT ETC. OR RELIGIOUS AUTHORITY

(1) contempts, neglects, contravenes, opposes orinsults in any manner any titah with respect to religion

(2) Contempts in any manner the Religious Council/its members, its committee/ members of that committee, the Syariah Courts or the administration of the Syariah justice

Imprisonment≤ 5 years

Fine ≤ $8,000Imprisonment ≤ 2 years

or both

Fine ≤ $2,000;Imprisonment ≤ 6 months;

or both

S.231S.231OBSTRUCTING A RELIGIOUS OBSTRUCTING A RELIGIOUS

ENFORCEMENT OFFICER ENFORCEMENT OFFICER (from carrying out his duties)(from carrying out his duties)

78

79

80

PICTURE & IDENTIFICATION OF

RELIGIOUS ENFORCEMENT OFFICER

APPOINTMENT

(in malay & english)

Section 26 – Syariah Courts Act, Chapter 184

Power to conduct investigation into offences under this Act or under any other written law which provides for offences against Hukum Syara’. 81

S.240S.240BUILDING ETC. MOSQUE WITHOUT

PERMISSION(INCLUDING the act of using any existing

building as / for the purposes of a mosque)

Fine ≤ $10,000

CONCLUSIONCONCLUSION““Beta berharap, sesiapa juga yang berstatus Beta berharap, sesiapa juga yang berstatus rakyat dan penduduk negara ini, akan sama-rakyat dan penduduk negara ini, akan sama-sama berdiri teguh dan berganding bahu sama berdiri teguh dan berganding bahu dalam mendukung dan mengalu-alukan dalam mendukung dan mengalu-alukan kelahiran Akta yang bersejarah ini. Tidak kelahiran Akta yang bersejarah ini. Tidak diragukan lagi, ia adalah sebahagian dari diragukan lagi, ia adalah sebahagian dari 'sejarah besar' kita dan negara.”'sejarah besar' kita dan negara.”

As citizens and residents of this country, we are obliged to have faith and to stand together in supporting the enforcement of the law stipulated by Allah Subhanahu Wata'ala.Titah in conjunction with Majlis Ilmu on Titah in conjunction with Majlis Ilmu on 1717thth Zulhijjah 1434 / Zulhijjah 1434 /

2222ndnd October, 2013 October, 2013

Q & AQ & A

SessionSession

CIRCUMSTANCES WHEN CIRCUMSTANCES WHEN HADDHADD PUNISHMENT WILL NOT BE IMPOSEDPUNISHMENT WILL NOT BE IMPOSED

(FOR (FOR SARIQAH SARIQAH or THEFT)or THEFT)

Among the 16 circumstances are:-Among the 16 circumstances are:-

• Value of the stolen property is Value of the stolen property is less than less than nisabnisab;;• Offender is Offender is notnot mukallaf* mukallaf* (*15 years & of sound (*15 years & of sound mind)mind);;• No No hirzhirz (No sufficient precaution to guard the (No sufficient precaution to guard the property);property);•The stolen property is a common property The stolen property is a common property (provided for the benefit of the general public)(provided for the benefit of the general public)• Stolen property is of no value according to Stolen property is of no value according to HukumHukum Syara’Syara’;;• Offender’s right or left hand is Offender’s right or left hand is not functional, not functional, maimed or cut.maimed or cut.

VALUE OF VALUE OF NISAB NISAB FOR FOR SARIQAH SARIQAH (THEFT) (THEFT) WHICH CAN BE IMPOSED WITH WHICH CAN BE IMPOSED WITH HADDHADD PUNISHMENTPUNISHMENT

1 dinar (4.25 grammes of gold) or its value in the local currency at the time the theft was committed.

Illustration1 gramme of gold $80.00

$80.00 X 4.25 grammes of gold = $340.00