Page:Syariah Penal Code Order, 2013.pdf/46

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BRUNEI DARUSSALAM GOVERNMENT GAZETTE


Abetment to commit zina where the offender is not mukallaf or has not attained age of baligh.

74. Any person who is not mukallaf or has not attained the age of baligh who abets the commission of zina is guilty of an offence and shall be liable on conviction to whipping not exceeding 15 strokes and shall be detained in any rehabilitation centre as the Court thinks appropriate for a term not exceeding 3 years.

Zina bil-jabar

Zina bil-jabar.

75. A person is said to commit zina bil-jabar if he or she has sexual intercourse with a woman or a man, as the case may be, to whom he or she is not validly married, in any of the following circumstances

(a) against the will of the victim;
(b) without the consent of the victim;
(c) with the consent of the victim, when the consent has been obtained with threat by putting the victim in fear of death or hurt;
(d) with the consent of the victim, when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to whom the victim is validly married or the victim believes herself or himself to be validly married to the offender;

Illustrations

(a) A, as the wali mujbir to his daughter B, marries her off to C. B have never met C. D came to B and claims to be her husband. B believes that D is her husband and consents to having sexual intercourse with D. D has committed the offence under this section.
(b) E and F are identical twin sisters. G is married to E. F claims that she is G's wife and G believes that F is his wife. G consents to having sexual intercourse with F. F has committed the offence under this section.
(c) H has four wives. H married I who does not know that H already has four wives. I consents to having sexual intercourse with H because she believes that their marriage was valid. H has committed the offence under this section.
(d) J is still in her 'iddah period. K does not know that J is still in her 'iddah period and marries her. K consents to having sexual intercourse with J because he believes that their marriage was valid. J has committed the offence under this section.

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