Page:Syariah Penal Code Order, 2013.pdf/102

This page has been proofread, but needs to be validated.

BRUNEI DARUSSALAM GOVERNMENT GAZETTE


guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.

Incitement to neglect religious duty.

235. Any person who incites or persuades any Muslim, not to or prevents any Muslim from—

(a) attending any mosque to perform Friday prayer;
(b) attending Islamic religious teaching;
(c) paying any zakat or fitrah; or
(d) doing or paying whatever he is liable to do or pay under this Order,

is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.

Non-payment of zakat or fitrah.

236. (1) Any Muslim who having been lawfully assessed as liable to pay zakat or fitrah under the Religious Council and Kadis Courts Act (Chapter 77) and having failed to procure by appeal or otherwise, the cancellation or modification of such assessment, wilfully fails to pay the zakat or fitrah is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.

(2) A conviction under this section shall not extinguish the obligation to pay the zakat or fitrah imposed on him.

(3) Any zakat or fitrah due may be recovered as if the zakat or fitrah in question had been ordered to be delivered to the Majlis by a lawful order of a Court or as if the value thereof were recoverable as a fine imposed under this Order.

Collection of zakat or fitrah without authority.

237. Any Muslim who collects zakat or fitrah or who causes zakat or fitrah to be collected without having been appointed as 'Amil or authorised by the Majlis is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and the Court shall order such collection to be paid to the Majlis.

Payments of zakat or fitrah to unauthorised person.

238. Any Muslim who pays or causes zakat or fitrah to be paid to any person not appointed as 'Amil or authorised by the Majlis to collect zakat or fitrah is guilty of

1762