Page:Syariah Penal Code Order, 2013.pdf/38

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BRUNEI DARUSSALAM GOVERNMENT GAZETTE


Explanation—The value for nisab of sariqah liable to hadd punishment is 1 dinar (4.25 grammes of gold) or its price in the local currency at the time the offence of sariqah was committed.

Illustration

Where the market price for 1 gramme of gold is $80, the value of nisab for sariqah liable to hadd punishment in Brunei Darussalam currency is $340.

Punishment for sariqah.

55. (1) Any person who commits sariqah, where the value of the property amounts to or exceeds nisab and the sariqah is proved either by ikrar of the accused or by syahadah of at least two syahid in accordance with Hukum Syara' other than the victim's evidence, after the Court is satisfied having regard to the requirements of tazkiyah al syuhud is guilty of an offence and shall be liable on conviction to hadd punishment as follows—

(a) for a first offence, amputation of his right hand from the joint of the wrist;
(b) for a second offence, amputation of his left foot up to the ankle; and
(c)for a third or subsequent offence, imprisonment for a term not exceeding 15 years.

(2) Any mukallaf who commits sariqah in a group and the aggregate value of the stolen property is such that, if the property is divided equally amongst such of them as have entered the hirz, each one of them gets a share which amounts to, or exceeds, the nisab, whether or not each one of them has moved the sariqah property or any part thereof and the sariqah is proved as provided under subsection (1) is guilty of an offence and shall be liable on conviction to the same punishment as provided under subsection (1).

(3) Any person who commits sariqah

(a) which is proved by evidence other than that provided under subsection (1); or
(b) in any circumstances stated in sections 56 and 57,

is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both, and for the second or subsequent offence, to a fine not exceeding $56,000, imprisonment for a term not exceeding 14 years or both.

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