Page:Syariah Penal Code Order, 2013.pdf/16

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

BRUNEI DARUSSALAM GOVERNMENT GAZETTE


"good faith" means honestly and without any enmity or hatred;

"guardian" in relation to a child, means any person who is appointed by deed or will or by the order of a Court to be the guardian of the child or any person who has adopted that child and includes any person who has the lawful custody of that child;

"Hukum Syara'" means the laws of any sect which the Court considers valid;

"ikrar" has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001 (S 63/2001);

"injury" means any harm whatever illegally caused to any person in body, mind, reputation, or loss to property.

"mahkum 'alaihi" means a person against whom a judgment or order is made by the Court;

"Majlis" means the Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act (Chapter 77);

"Mufti Kerajaan" means the Mufti Kerajaan for Brunei Darussalam appointed under section 40 of the Religious Council and Kadis Courts Act (Chapter 77);

"mother" includes grandmother and any ascendant;

"muhshan" means a legally married person and had sexual intercourse in the marriage;

"mukallaf" means a person who has attained the age of 15 years qamariah and of sound mind;

"mumaiyiz" has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001 (S 63/2001);

"Nabi Allah" means any Nabi Allah referred to in the Al-Qur'an and Sunnah;

"part of the body" includes internal organ;

"property" includes all estates, interests, easements and rights, whether equitable or legal, in, to or out of, property and things in action;

"publication" means any of the following—

(a) book, magazine or periodical, whether in manuscript or final form;

1676