INTRODUCTION

ENFORCEMENT PHASES

TYPES OF PUNISHMENTS & OFFENCES

TO WHOM DOES THIS ORDER APPLY?

METHODS OF PROOF

CIRCUMSTANCES WHEN HADD PUNISHMENT WILL

NOT BE IMPOSED (FOR SARIQAH or THEFT)

OFFENCES AND PUNISHMENTS (HADD & QISAS)

GENERAL OFFENCES

CONCLUSION

CONTENTS

OBLIGATION TO IMPLEMENT LAWS

According to al-Quran dan as-Sunnah

94 esrev :hadiaM-la

:naruQ-lA

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 what 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 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 Hadith

PROCLAMATION OF SYARIAH PENAL CODE, 2013

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

Titah in conjunction with Knowledge Convention on 17th Zulhijjah 1434 / 22nd October, 2013

BRUNEI CONSTITUTION

Article 39 & Article 83(3)

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

the public and to prescribe penalties

ENFORCEMENT PHASES

FIRST PHASE

April 2014

All Offences under Part IV Chapter IV that are punishable only by

FINE OR IMPRISONMENT

SECOND PHASE

after the Syariah Courts Criminal

PROCEDURE Code (SYARIAH CPC) is gazetted

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

except offences punishable by DEATH

12 months

HADD, QISAS, DIYAT, BADAL-AL-SULH OR ARSY

THIRD PHASE

after the Syariah Courts Criminal PROCEDURE Code Order (SYARIAH CPC)

is gazetted

The Order will be FULLY enforced including offences punishable by death

24 months

TYPES OF PUNISHMENTS & OFFENCES

TYPES OF PUNISHMENTS

Punishments as specified in the

Quran and Hadith

Punishment as ordained by the Quran and Hadith

Hadd

Retaliation or similar punishment

Qisas

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

Diyat

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

Badal-al-sulh

Arsy Compensation payable to the victim of hurt

TYPES OF PUNISHMENTS

Punishments fixed by the Head

of State (Tazir)

Fine, imprisonment, rehabilitation, supervison,

whipping and death

TYPES OF OFFENCES

HADD QISAS & DIYAT

TAZIR

Sariqah (theft) Offences

against the human body:

Qatl (causing death)

or causing

hurt

Offences other than

those punishable with hadd

or qisas

Hirabah (robbery)

Zina (adultery) which includes Zina bil-jabar

(rape) and liwat (sodomy)

Qazaf (Accusation of zina / zina bil-jabar / liwat)

Intoxicating drinks

Irtidad (apostasy)

TO WHOM DOES THIS ORDER APPLY?

Muslims and

Non-Muslims

AMONG OF OFFENCES APPLICABLE TO MUSLIMS ONLY

Irtidad (apostasy).

Worship.

Non-payment of zakat or fitrah.

Failure to perform Friday prayer

AMONG OF OFFENCES APPLICABLE TO BOTH MUSLIMS AND NON-MUSLIMS

Sariqah (Theft)

Hirabah (Robbery)

Qatl (Causing death)

Causing hurt

Contempt of Prophet Muhammad

Deriding etc. verses of Al-Quran or hadith

Indecent behaviour

Disrespecting Ramadhan (fasting month)

AMONG OF OFFENCES THAT APPLY TO NON MUSLIMS SUBJECT TO CIRCUMSTANCES

Zina (adultery) if committed with a Muslim

Drinking intoxicating liquor in public places

Khalwat (close proximity) if committed with a Muslim

Offences committed abroad by a citizen or permanent resident

may be prosecuted in Brunei.

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

OFFENCES COMMITTED

OUTSIDE BRUNEI DARUSSALAM

METHODS OF PROOF

OFFENCES PUNISHABLE

WITH HADD, QISAS OR DIYAT

CONFESSION OR TESTIMONY

OF WITNESSES (BAYYINAH /

CIVIL STANDARD)

OR ANY OTHER EVIDENCE

ADMISSIBLE BY COURT

e.g.: CCTV, DNA, ETC

(BEYOND REASONABLE

DOUBT)

IKRAR (Confession) OR SYAHADAH SHAHID

(Testimony of witnesses)

HADD, QISAS OR

DIYAT PUNISHMENT PUNISHMENT OTHER

THAN HADD 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)

GENERAL OFFENCES

METHODS OF PROOF

FINE, IMPRISONMENT,

REHABILITATION,

SUPERVISON, WHIPPING

AND DEATH

DEFINITIONS

IKRAR

A statement made by a person orally, in writing or by gesture, that he is under some

obligation to another person in respect of some right

SYAHID A person who gives evidence by syahadah

ADIL

A Muslim who performs the prescribed religious duties, abstains from committing

capital sins and is not perpetually committing minor sins

SOME REQUIREMENTS OF IKRAR (CONFESSION) DAN SYAHID (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 see (HADD and QISAS cases)

Number of syahid (witnesses) required for Hadd punishments

Sariqah (Theft)

2 male syahid (witnesses)

Hirabah (Robbery)

Qazaf (Accusation of Zina (Adultery), Zina bil-jabar (Rape) and Liwat (Sodomy))

Drinking intoxicating drinks

Irtidad (Apostasy)

Number of syahid (witnesses) required for Hadd punishments

Zina (Adultery), Zina bil-jabar (Rape),

Liwat (Sodomy)

4 male syahid (witnesses)

Number of syahid (witnesses) required For Qisas And Diyat Punishments

Qatlul-amd (Intentional Murder)

2 male syahid (witnesses)

Qatlu Syibhil-amd (Intention To Cause Harm

Which Causes Death)

2 male syahid witnesses

1 male syahid witness and

2 female syahid witnesses;

1 male syahid witnesses and

oath of the complainant Qatlul Khata (Unintentional Murder)

Causing Hurt 2 male syahid witnesses other

than testimony of victim

OFFENCES & PUNISHMENTS (HADD & QISAS)

HADD

Offences Hadd Punishments Punisments

other than Hadd

Sariqah (theft)

Amputation of hand Fine,

imprisonment or both

Hirabah (robbery)

Death / cross amputation of hand

and foot / qisas /arsy

Imprisonment and whipping

Zina (adultery) Muhshan

Stoning to death OR

Ghairu Muhshan Whipping 100 strokes

Whipping and imprisonment

Zina bil-jabar (Rape)

Liwat (sodomy)

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

Ghairu Muhshan

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

HADD

Offences Hadd

Punishments Punisments other

than Hadd

Qazaf (accusation of Zina, Zina bil-jabar or liwat)

Whipping 80 strokes

Fine, imprisonment,

whipping or combination of

any two

Drinking intoxicating drinks (for

Muslims only)

Whipping 40 strokes

Fine, imprisonment or

both

Irtidad (apostasy)

(for Muslims only)

Death (If he refuses to

repent)

Imprisonment and whipping

QISAS (RETALIATION) , DIYAT (RESTITUTION) AND ARSY (COMPENSATION)

Unintentional

hurt- causing

Offences Punishments

Qatlul-Amd (Intentional Murder)

Death Diyat if the offender was

pardoned Badal-al-sulh if qisas was

compounded

Qatlu Syibhil-Amd (Intention To Cause Harm

Which Causes Death) Diyat (Restitution) & Imprisonment

Qatlul-Khata (Unintentional Murder)

Causing Hurt

Qisas (Retaliation) Arsy (Compensation) if the

offender was pardoned Badal-al-sulh if qisas was

compounded

Value of Diyat (Restitution)

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

qatl is committed.

Illustration

1 gramme of gold = $80.00

4250 gram emas x $80.00 = $340,000

GENERAL OFFENCES

GENERAL OFFENCES

UNDER PART IV CHAPTER IV

NO. SECTION OFFENCE

1. 192 Punishment of committing ghasab

2. 194 Failure to perform Friday prayer

3. 195 Disrespecting month of Ramadhan

4. 196 Khalwat

5. 197 Indecent behaviour

6. 198 Man posing as woman or vice versa

7. 199 Instigating married man or married woman to divorce or neglect duties

NO. SECTION OFFENCE

8. 200 Preventing Muslim married couple from cohabiting

9. 201 Enticing or causing Muslim married woman to leave matrimonial home

10. 202 Enticing female Muslim to leave custody of her parents or guardian

11. 203 Unmarried female Muslim who leaves custody of parents or guardian

12. 204 Give away or surrender of Muslim

13. 205 Acting as procurer

14. 206 False claim

NO. SECTION OFFENCE

15. 207 Doctrine or practices etc. contrary to Hukum Syara

16. 208 Practising etc. black magic

17. 209 Propagation of religion other than religion of Islam

18. 210 Persuading etc. Muslims to change religion

19. 211 Persuading etc. person having no religion to become believer of etc. religion other than

religion of Islam

20. 212 Exposing beliefs and practices of religion other than religion of Islam to Muslim child, or child whose parents have no religion, who

is under 18 years

NO. SECTION OFFENCE

21. 213 Publication contrary to Hukum Syara

22. 214 Delivering or giving publications relating to religion other than religion of Islam to Muslims or persons having no religion

23. 215 Giving in public places publications relating to religionother than religion of Islam to Muslims or persons having no religion

24. 216 Worship

25. 217 Offences in relation to use of certain words in respect of religion of Islam

26. 218 Misuse of titles for Muslims reserved for specific persons

NO. SECTION OFFENCE

27. 219 Accusing etc. Muslim as kafir

28. 220 Contempt or brings into contempt etc. religion of Islam

29. 221 Contempt of Nabi by non-Muslim

30. 222 Deriding etc. verses of Al-Quran or hadith by non-Muslim

31. 223 Attempt to commit offence under section 221 or 222

32. 224 Abetting commission of offence under section 221 or 222

33. 228 Fatwa

34. 229 Religious teaching without written approval

35. 230 Contempt etc. of religious authority

NO. SECTION OFFENCE

36. 231 Obstructing Religious Enforcement Officer

37. 232 False report

38. 233 Giving false syahadah

39. 234 Giving false evidence or information

40. 235 Incitement to neglect religious duty

41. 236 Non-payment of zakat or fitrah

42, 237 Collection of zakat or fitrah without authority

43. 238 Payments of zakat or fitrah to unauthorised person

44. 239 Fraudulent collection of zakat

45. 240 Build etc. mosque without permission

46. 241 Breach of secrecy

NO. SECTION OFFENCE

47. 242 Intentional insult or interruption to public servant sitting in any stage of judicial

proceeding

48. 243 Omission to assist public servant when bound by law to give assistance

49. 244 Public servant disobeying direction of law with intent to cause injury to any person

50. 245 Omission to produce document to public servant by person legally bound to produce it

NO. SECTION OFFENCE

51. 246 Refusal to make oath or declaration by public servant when duly required

52. 247 Refusal to answer public servant authorised to question

53. 248 Refusal to sign statement

54. 249 Voluntarily causing hurt to extort confession or to compel restoration of property

55. 250 Attempt

SECTION 94(1): PREGNANT OUT OF WEDLOCK

Punishments:

Fine $8,000;

Imprisonment 2 years

or both

Fine $4,000;

Imprisonment 1 year

or both

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

marriage)

Muhshan (married and had sexual

intercourse in the marriage)

SECTION 94(5) Man impregnates a

Muslim woman out of wedlock

Punishment:

Fine $8,000;

Imprisonment 2 years

or both

SECTION 194:

FAILURE TO PERFORM FRIDAY PRAYER

Fine $200 for first offence

Fine $300 for second offence

Fine $1,000 for third or subsequent

offence

Male of 15 years and of sound mind

Without any reasonable excuse

Without uzur syarie

Fine $4,000, Imprisonment 1 year or both

SECTION 195:

DISRESPECTING 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-MUSLIM

EXCEPTION:

Medical Practitioner

Or

Any person

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

SECTION 196: KHALWAT

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 $4,000 Imprisonment

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.

Section 197: INDECENT 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

SECTION198: MAN POSING AS WOMAN

OR VICE VERSA

SECTION 199: INSTIGATING MARRIED MAN OR MARRIED WOMAN TO DIVORCE OR NEGLECT DUTIES TO HIS WIFE OR HUSBAND OR CHILDREN

SECTION 200:

PREVENTING LEGALLY MUSLIM MARRIED COUPLE FROM COHABITING

Fine $4,000 Imprisonment 1 year

or both

SECTION 201: ENTICING OR CAUSING MUSLIM MARRIED WOMAN TO LEAVE MATRIMONIAL HOME

SECTION 202: ENTICING, INDUCING OR PERSUADING FEMALE MUSLIM TO LEAVE CUSTODY OF HER PARENTS

OR GUARDIAN OR ANY PERSON HAVING THE LEGAL CUSTODY

Fine $8,000

Imprisonment 2 years or both

Fine $1,000 Imprisonment 3 months or both

SECTION 203: UNMARRIED FEMALE MUSLIM WHO

LEAVES CUSTODY OF PARENTS OR GUARDIAN OR ANY PERSON

HAVING LEGAL CUSTODY WITHOUT REASONABLE EXCUSE

Fine $20,000 Imprisonment 5 years

or both

Fine $12,000 Imprisonment 3 years

or both

SECTION 204: GIVE AWAY OR SURRENDER OF

MUSLIM TO NON-MUSLIM

SECTION 205: ACTING AS PROCURER FOR ANY PURPOSE WHICH IS CONTRARY TO

HUKUM SYARA

Muslim S. 207(1)

207(1)(a) teaches /expounds

any doctrine relating to Islam in

a manner contrary to

Hukum Syara

207(1)(b)

Teaches/expounds/ carries out/

performs/practices any

doctrine/ceremony/act

contrary to Hukum Syara

SECTION 207 Doctrines or Practices contrary to Hukum Syara

Non-Muslim S. 207(2)

207(2)(a)

Teaches/ expounds to

Muslim a ceremony/act

contrary to Hukum Syara

Bab (2)(b)

carries out/performs on

Muslim a ceremony/act

contrary to Hukum Syara

SECTION 207 Doctrines or Practices contrary to Hukum Syara

Fine $20,000 Imprisonment 5 years

or both

SECTION 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

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

Fine $20,000 Imprisonment

5 years or both

Fine $8,000 Imprisonment

2 years or both

SECTION 208: PRACTISING ETC. BLACK MAGIC

Fine $20,000 Imprisonment 5 years

or both

SECTION 209: PROPAGATION OF RELIGION OTHER

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

RELIGION

SECTION 216: WORSHIP 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

Usage in publication, speech or public statement, any word to state or express any fact, belief, idea, concept, act,

activity, matter or instances of or relating to a religion other than the religion of Islam

Punishment:

Fine $12,000;

Imprisonment 3 years or both

SECTION 217:

OFFENCES IN RELATION TO USE OF CERTAIN WORDS IN RESPECT OF RELIGION OF ISLAM

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

APPLICATION: MUSLIM AND NON-MUSLIM

1. Azan

2. Baitullah

3. Al-Quran

4. Allah

5. Fatwa

6. Firman Allah

7. Hadith

8. Haji

9. Hukum Syara

10. Ilahi

11. Kabah

12. Kalimah al-syahadah

13. Kiblat

14. Masjid

15. Imam

16. Mufti

17. Mumin

18. Solat

19. Wali

EXPRESSIONS WHICH SHALL NOT BE USED BY NON-MUSLIMS IN RESPECT OF RELIGION OTHER THAN RELIGION

OF ISLAM (EXCEPT AS REFERENCE OR CITATION)

1. Alhamdu lillah

2. Allahu akbar

3. Assalamu alaikum

4. Astaghfirullah al azim

5. Audzubillahi minasy syaitanirrajim

6. Bismillahirrahmanir

rahim

7. Insya Allah

8. La ilaha illallah

9. La haula wala quwwata illa billahil aliyil azim

10. Masya Allah 11. Rabbul alamin 12. Subhanallah 13. Tabarakallah 14. Waalaikumussalam 15. Walillahilhamd 16. Wallaahu a alam

SECTION 219: Accusing etc Muslim as kafir; or is no

longer professing the religion of Islam

Fine $8,000 Imprisonment 2 years

or both

SECTION 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 recognised

sect

Fatwa published

in the Gazette

Fine $12,000, imprisonment 3 years or both

Section 229

Religious teaching without written approval

(1) Any person who teaches any matter relating to the religion of Islam without written approval from 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; or

Religious officer, religious teacher, Imam, Bilal, Religious Enforcement Officer; or

Person legally appointed under any written law or rules for the purpose of religious teaching; or

Office 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.

Penalty

Fine $8,000, imprisonment 2 years or both

SECTION 230 : CONTEMPT ETC. OR RELIGIOUS AUTHORITY

(1) contempts, neglects, contravenes, opposes or

insults 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 $8,000 Imprisonment 2 years

or both

Penalty:

Fine $2,000;

Imprisonment 6 months;

or both

SECTION 231 : OBSTRUCTING A RELIGIOUS

ENFORCEMENT OFFICER (from carrying out his duties)

SECTION 240: BUILDING ETC. MOSQUE WITHOUT

PERMISSION (INCLUDING the act of using any existing building

as / for the purposes of a mosque)

Fine $10,000

CONCLUSION

Beta berharap, sesiapa juga yang berstatus rakyat dan penduduk negara ini, akan sama-sama berdiri teguh dan berganding bahu dalam mendukung dan mengalu-alukan kelahiran Akta yang bersejarah ini. Tidak diragukan lagi, ia adalah sebahagian dari '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 17th Zulhijjah 1434 / 22nd October, 2013

Q & A

Session

WEBSITE

www.kanunsyariah.gov.bn

CIRCUMSTANCES WHEN HADD PUNISHMENT WILL NOT BE IMPOSED

(FOR SARIQAH or THEFT)

Among the 16 circumstances are:-

Value of the stolen property is less than nisab;

Offender is not mukallaf* (*15 years & of sound mind);

No hirz (No sufficient precaution to guard the property);

The stolen property is a common property (provided for the benefit of the general public)

Stolen property is of no value according to Hukum Syara;

Offenders right or left hand is not functional, maimed or cut.

Value of nisab for Sariqah (Theft) which can be imposed with Hadd Punishment

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

Illustration 1 gramme of gold $80.00

$80.00 X 4.25 grammes of gold = $340.00