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
al-Maidah: verse 49
Al-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 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
17
th
Zulhijjah 1434 / 22
nd
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 17
th
Zulhijjah 1434 /
22
nd
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