OBLIGATION TO IMPLEMENT LAWS. According to Al-Quran and Sunnah

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2 CONTENTS INTRODUCTION CLASSIFICATION OF OFFENCES TO WHOM THIS ORDER APPLIES? ENFORCEMENT PHASE METHODS OF PROOF OFFENCES AND PUNISHMENT GENERAL OFFENCES CONCLUSION

3 OBLIGATION TO IMPLEMENT LAWS According to Al-Quran and Sunnah

4 Al-Quran: و أ ن اح ك م ب ي ن ه م بم ا أ ن ز ل ا هلل و لا ت ت ب ع أ ه و اء ه م و اح ذ ر ه م أ ن ي ف ت ن وك ع ن ب ع ض م ا أ ن ز ل ا هلل إ ل ي ك Al-Maidah: verse 49

5 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...

6 Hadith: 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.

7 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 17 th Zulhijjah 1434 / 22 nd October, 2013

8 CLASSIFICATION OF OFFENCES

9 TYPES OF PUNISHMENTS IN THE SYARIAH PENAL CODE ORDER 2013 Punishments as specified in the Quran and Hadith Punishments fixed by the Head of State (Ta zir) Hadd Qisas Diyat Arsy Punishment as ordained by the Quran and Hadith Retaliation or similar punishment Specified amount payable to heirs of victim of qatl Compensation payable to the victim of hurt Includes fine, imprisonment, whipping and death

10 TYPES OF OFFENCES ACCORDING TO SYARIAH HADD QISAS TA ZIR Sariqah (theft) 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) Offences against the human body: Qatl (causing death) or causing hurt Offences other than hudud and qisas

11 TO WHOM DOES THIS ORDER APPLY? MUSLIMS AND NON MUSLIMS

12 OFFENCES COMMITTED OUTSIDE BRUNEI DARUSSALAM Offences committed abroad by a citizen or permanent resident may be prosecuted in Brunei. [Section 6(3) Syariah Courts Act Cap.184]

13 ENFORCEMENT PHASES

14 FIRST PHASE April 2014 All Offences under Part IV Chapter IV that are punishable only by FINE OR IMPRISONMENT

15 FIRST PHASE MUSLIMS ONLY Failure to perform Friday prayer Unmarried female Muslim leaves custody of her parents / guardian without reasonable excuse Non-payment of zakat or fitrah Give away or surrender a Muslim to non-muslims Worship Muslim woman pregnant out of wedlock (except victim of rape) MUSLIMS AND NON- MUSLIMS Disrespecting the month of Ramadhan Indecent behaviour Man posing as woman or vice versa Man who impregnates Muslim female out of wedlock Certain offences apply to non-muslims subject to circumstances: Khalwat (close proximity) if committed with a Muslim

16 SECOND PHASE 12 months after the Syariah Courts Criminal PROCEDURE Code (SYARIAH CPC) is gazetted All offences punishable by HADD, QISAS, WHIPPING, DIYAT AND ARSY except offences punishable by DEATH

17 SECOND PHASE MUSLIMS ONLY MUSLIMS AND NON- MUSLIMS Section 206 False claim (e.g. claiming to know a matter that is beyond human understanding or knowledge, contrary to Hukum Syara ) Sariqah (theft) Hirabah (robbery) Qazaf (accusation of zina, zina bil-jabar or liwat) Causing hurt In addition to the above, some offences apply to non- Muslims subject to circumstances: Drinking intoxicating liquor in a public place

18 THIRD PHASE 24 months after the Syariah Courts Criminal PROCEDURE Code (SYARIAH CPC) is gazetted The Order will be FULLY enforced including offences punishable by death

19 THIRD PHASE MUSLIMS ONLY Declaring oneself as God Declaring oneself as Rasul or Nabi Irtidad (apostasy) MUSLIMS AND NON- MUSLIMS Qatl (causing death) Contempt of Prophet Muhammad Deriding verses of al- Quran or hadith (sayings) of the Prophet

20 METHODS OF PROOF

21 SOME IMPORTANT TERMS USED IN SYARIAH LAW OF EVIDENCE IKRAR SYAHID ADIL 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 (Confession) A person who gives evidence by syahadah (A witness who fulfills the requirements necessary for syahid witnesses) A Muslim who performs the prescribed religious duties, abstains from committing capital sins and is not perpetually committing minor sins

22 SOME REQUIREMENTS OF IKRAR DAN SYAHID REQUIREMENTS OF IKRAR (Confession) Sound Mind Attained puberty Voluntary REQUIREMENTS OF A SYAHID WITNESS Sound Mind Attained puberty Adil Possess good memory Able to speak, see and hear (HADD and QISAS cases)

23 Sariqah (Theft) Hirabah (Robbery) Number of syahid (witnesses) For Hadd Punishments Qazaf (Accusation of Zina (Adultery), Zina bil-jabar (Rape) and Liwat (Sodomy)) 2 male syahid (witnesses) Drinking intoxicating drinks Irtidad (Apostasy)

24 Number of syahid (witnesses) For Hadd Punishments Zina (Adultery), Zina bil-jabar (Rape), Liwat (Sodomy) 4 male syahid (witnesses)

25 Number of syahid (witnesses) For Qisas And Diyat Punishments Qatlul- amd (Intentional Murder) Qatlu Syibhil- amd (Intention To Cause Harm To The Body Or Mind Of A Person Which Causes Death) Qatlul Khata (Unintentional Murder / Injury Which Causes Death) Causing Hurt 2 male syahid (witnesses) 2 male syahid (witnesses); 1 male syahid (witness) and 2 female syahid (witnesses); or 1 male syahid (witnesses) and oath of the complainant 2 male syahid (witnesses) other than testimony of victim

26 METHOD OF PROVING OFFENCES OFFENCES PUNISHABLE WITH HADD, QISAS OR DIYAT GENERAL OFFENCES IKRAR OR SYAHADAH MEETS ALL REQUIREMENTS AND CONDITIONS (NO DOUBT AT ALL) FAILS TO MEET ALL REQUIREMENTS AND CONDITIONS BUT THERE IS CREDIBLE EVIDENCE THAT IS ADMISSIBLE e.g. CCTV, DNA, (BEYOND REASONABLE DOUBT) CONFESSION OR TESTIMONY OF WITNESSES (BAYYINAH / CIVIL STANDARD) CIRCUMSTANCIAL EVIDENCE e.g.: CCTV, DNA, ETC OR ANY OTHER ADMISSIBLE EVIDENCE ACCORDING TO LAW (BEYOND REASONABLE DOUBT) HADD, QISAS OR DIYAT PUNISHMENT TA ZIR PUNISHMENT TA ZIR PUNISHMENT

27 OFFENCES & PUNISHMENTS

28 HADD (SPECIFIC PUNISHMENTS) Offences Sariqah (theft) Hirabah (robbery) Qazaf (accusation of Zina, Zina biljabar or Hadd Punishments Amputation of hand Death / amputation of right hand and left foot/ qisas Whipping 80 strokes Punisments other than Hadd Fine, imprisonment or both Imprisonment and whipping Fine, imprisonment, whipping or combination of any

29 HADD (SPECIFIC PUNISHMENTS) Offences Zina (adultery) Zina bil-jabar (Rape) Liwat (sodomy) Drinking intoxicating drinks Irtidad (apostasy) Hadd Punishments Stoning to death (muhshan) OR Whipping 100 strokes (ghairu muhshan) Whipping 40 strokes Death (if refuses to repent) Punisments other than Hadd Whipping and imprisonment Fine, imprisonment or both Imprisonment and whipping

30 ZINA (ADULTERY) Applies to a non-muslim if committed with a Muslim Muhshan If proven by way of ikrar or syahadah, stoning to death Otherwise, whipping 30 strokes AND imprisonment 7 years Ghairu muhshan If proven by way of ikrar or syahadah, whipping 100 strokes AND 1 year imprisonment Otherwise, whipping 15 strokes AND imprisonment 3 years

31 SEXUAL ACTS BETWEEN MEMBERS OF THE SAME SEX Between man and man Between woman and woman Liwat (sodomy) Punishment similar with zina If proven by way of ikrar or syahadah, stoning to death (muhshan) or whipping 100 strokes (ghairu muhshan) Otherwise, whipping AND imprisonment Musahaqah (lesbianism) Applies to non-muslim if done with a Muslim Fine $40,000, imprisonment 10 years, whipping 40 strokes, or combination of any two of the punishment

32 QISAS (RETALIATION), DIYAT (RESTITUTION) AND ARSY (COMPENSATION) Offences Qatlul- Amd (Intentional Homicide) Qatlu Syibhil- Amd (Intention To Cause Harm To The Body Or Mind Which Causes Death) Qatlul-Khata (Unintentional Homicide) Unintentional hurt- causing Causing Hurt Death Punishments Diyat (Restitution) & Imprisonment Qisas (Retaliation) or Arsy (Compensation) & Imprisonment

33 Diyat means the specified amount payable to the heirs of victim of qatl. Badal-al-sulh is mutually agreed compensation in accordance with Hukum Syara to be paid or given by the offender to the wali-ad-dam in cash or in any kind or form of movable or immovable property.

34 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 = $ gram emas x $80.00 = $340,000

35 GENERAL OFFENCES

36 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 Fine $4,000 Imprisonment 1 year or both (4) Employer abetting the commission of an offence under subsection (2)

37 EXCEPTION: Medical Practitioner or Any other person who serves any food, drink or medicine to any patient during the fasting hours in the month of Ramadhan without which such patient will be affected.

38 SECTION 196: KHALWAT Between man and woman (one or more) who is not *mahram (*whom he/she cannot marry due to family relationship) Living together, cohabiting, in confinement; OR Isolating oneself in close proximity that can lead to suspicion that they are committing an immoral act Fine $4,000 Imprisonment 1 year or both

39 Section 197: INDECENT BEHAVIOUR 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. Fine $2,000 Imprisonment 6 months or both

40 SECTION198: MAN DRESSING AND POSING AS WOMAN OR VICE VERSA Without reasonable excuse: Fine $1,000, imprisonment 3 months or both For immoral purposes: Fine $4,000, imprisonment 1 year or both

41 SECTION 208: PRACTISING ETC. BLACK MAGIC (1) Practises or advertises black magic (2) Seeks help from a person who practices black magic Fine $20,000 Imprisonment 5 years or both Fine $8,000 Imprisonment 2 years or both

42 PROSELYTIZING Convert or attempt to convert someone from one religion, belief, or opinion to another Offence Propagation of religion other than Islam to a Muslim or person having no religion Persuading a Muslim to change religion Persuading a person having no religion to a religion other than Islam Penalty Fine $20,000, imprisonment 5 years, or both Fine $20,000 AND imprisonment 5 years

43 PROSELYTIZING Convert or attempt to convert someone from one religion, belief, or opinion to another Offence 212 Exposing beliefs and practices of religion other than Islam to a Muslim child, or child whose parents have no religion, under 18 years of age 214 Delivering or giving publications relating to religion other than Islam to Muslims or persons having no religion 215 Giving in public places publications relating to religion other than Islam to Muslims or persons having no religion Penalty Fine $20,000 AND imprisonment 5 years Fine $2,000, imprisonment 6 months, or both Fine $1,000, imprisonment 3 months, or both

44 SECTION 216: WORSHIP Any Muslim who worships any person, place, nature, object, thing or animal An act or statement that shows faith to any person, object, thing or animal that such person, object, thing or animal possesses power for example the ability to bring good luck, increases wealth, grants wishes, heals diseases and others amounts to an act of worship Fine $8,000, imprisonment 2 years or both

45 SECTION 217: OFFENCES IN RELATION TO USE OF CERTAIN WORDS IN RESPECT OF RELIGION OF ISLAM 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

46 WORDS WHICH SHALL NOT BE USED IN RESPECT OF RELIGION OTHER THAN RELIGION OF ISLAM 1. Azan 2. Baitullah 3. Al-Qur an 4. Allah 5. Fatwa 6. Firman Allah 7. Hadith 8. Haji 9. Hukum Syara 10. Ilahi 11. Ka bah 12. Kalimah al-syahadah 13. Kiblat 14. Masjid 15. Imam 16. Mufti 17. Mu min 18. Solat 19. Wali

47 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. A udzubillahi 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. Wa alaikumussalam 15. Walillahilhamd 16. Wallaahu a alam

48 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

49 SECTION 221 Contempt of Prophet Muhammad by non-muslim Proved either by ikrar of the accused, or by syahadah of at least two syahid Proved by other evidence Death penalty Imprisonment 30 years AND whipping 40 strokes All the above penalties are subject to sections 226 and 227

50 SECTION 222 Deriding etc. verses of Al-Qur an or hadith by non-muslim Proved either by ikrar of the accused, or by syahadah of at least two syahid Proved by other evidence Death penalty Imprisonment 30 years AND whipping 40 strokes All the above penalties are subject to sections 226 and 227

51 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 17 th Zulhijjah 1434 / 22 nd October, 2013