BRUNEI DARUSSALAM GOVERNMENT GAZETTE
- (j) when the offence is committed by a group of persons, the share of each offender after dividing the stolen property or the proceeds thereof is less than the nisab;
- (k) when the offender returns the stolen property or the value of the stolen property before the execution of hadd punishment;
- (l) when the owner of the stolen property denies that his property has been stolen, notwithstanding the offender made an ikrar that he stole it;
- (m) when the offender makes an objection acceptable by Hukum Syara' against the syahid;
Illustration
A was charged with stealing B's property. Two syahid gave syahadah to prove the truth. A proves to Court that both are fasiq. A is not liable to hadd punishment.
- (n) when the stolen property is, or the circumstances in which the offence is committed are, such that there is no hadd punishment liable according to Hukum Syara';
- (o) when the stolen property is a common property;
Explanation—Common property means the movable property which is provided for the benefits of the general public.
- (p) when the offender's right or left hand is not functional, maimed or cut.
Property in different hirz.
57. If sariqah is committed from the same hirz in more than one transaction, or from more than one hirz, and the value of the sariqah property in each case is less than the nisab, it is not sariqah liable to hadd punishment even if the value of the property involved in all cases adds up to or exceeds the nisab.
Illustration
- (a) A enters a house occupied by a family and commits sariqah from various rooms and the value of all the property removed adds up to or exceeds nisab. Such sariqah is liable to hadd punishment even though the value of the property removed from any of the rooms does not amount to the nisab. If the house is occupied by more than one family and the value of all the property removed from the hirz of anyone family is less than the nisab, then such sariqah is not liable to hadd punishment, even though the value of all the properties removed adds up to or exceeds the nisab.
- (b) A enters a house several times to commit sariqah in the house, on each occasion the value of the property removed does not amount to nisab. Such sariqah is not liable to
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