Page:Syariah Penal Code Order, 2013.pdf/58

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BRUNEI DARUSSALAM GOVERNMENT GAZETTE


Irtidad

Irtidad.

107. (1) For the purposes of this Order, "irtidad" means any act done or any word uttered, by any means, by a Muslim who is mukallaf which according to Hukum Syara', such act or word affects or is contrary to the 'aqidah of the religion of Islam:

Provided that such act is done or such word is uttered intentionally, voluntarily, knowingly and without being compelled by anyone or circumstances.

(2) The acts or words which affect the 'aqidah are those which concern or deal with the fundamental aspects which must be known and believed by every Muslim such as Pillars of Islam, Pillars of Iman and other matters generally known by Muslims.

Declaring oneself as god.

108. (1) Any Muslim who declares himself or any other person as god and it is proved either by ikrar of the accused, or by syahadah of at least two syahid according to Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of the offence of irtidad and shall be liable on conviction to death as hadd.

(2) Any Muslim who declares himself or any other person as god and it is proved by evidence other than those provided under subsection (1) is guilty of the offence of irtidad and shall be liable on conviction to imprisonment for a term not exceeding 30 years and whipping not exceeding 40 strokes.

Declaring oneself as Rasul or Nabi.

109. (1) Any Muslim who declares himself or any other person as Rasul or Nabi and it is proved either by ikrar of the accused, or by syahadah of at least two syahid according to Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of the offence of irtidad and shall be liable on conviction to death as hadd.

(2) Any Muslim who declares himself or any other person as Rasul or Nabi and it is proved by evidence other than those provided under subsection (1) is guilty of the offence of irtidad and shall be liable on conviction to imprisonment for a term not exceeding 30 years and whipping not exceeding 40 strokes.

Contempt of Nabi.

110. (1) Any Muslim who contempts or brings into contempt Nabi Muhammad Sallallahu 'Alaihi Wa Sallam or any Nabi Allah and it is proved either by ikrar of

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