Syariah Penal Code Order, 2013

by Hassanal Bolkiah

Layout 2

No. S 69

CONSTITUTION OF BRUNEI DARUSSALAM
(Order made under Article 83(3))
SYARIAH PENAL CODE ORDER, 2013

ARRANGEMENT OF SECTIONS

Section
PART I PRELIMINARY
1.	Citation, commencement and long title.
2.	Interpretation.
3.	Application.
4.	Criterion for deciding whether person is Muslim.
5.	Saving of prerogative.
Part II GENERAL EXCEPTIONS
6.	Act done by person bound, or by mistake of fact believing himself bound, by law.
7.	Act of Syar'ie Judge when acting judicially.
8.	Act done pursuant to judgment or order of Court.
9.	Act done by person justified or by mistake of fact believing himself justified by law.
10.	Involuntarily doing lawful act.
11.	Act likely to cause harm, but done without criminal intent, and to prevent other more serious harm.
12.	Act of child who is not mumaiyiz.
13.	Act of child who is mumaiyiz but not baligh.
14.	Act of person of unsound mind.
15.	Act of person intoxicated against his will or without his knowledge or caused by medication.
16.	Act not intended, and not known to be likely, to cause death or hurt, done by consent.
17.	Act not intended to cause death, done by consent in good faith for person's benefit.
18.	18. Act done in good faith for benefit of person who is not baligh or of unsound mind, by or with consent of, guardian etc.
19.	Consent known to be given under fear or misconception etc.
20.	Acts which are offences independently of harm caused to person consenting, are not within the exceptions in sections 16, 17 and 18.
21.	Act done in good faith for benefit of person without consent.
22.	Communication in good faith.
23.	Act to which person is compelled by threats.
24.	Act causing slight harm.
Right of private defence
25.	Nothing done in private defence etc. is an offence.
26.	Right of private defence of body and property.
27.	Right of private defence against act of person of unsound mind etc.
28.	Acts against which there is no right of private defence.
29.	When right of private defence of body extends to causing death.
30.	When such right extends to causing any harm other than death.
31.	Commencement and continuance of right of private defence of body.
32.	When right of private defence of property extends to causing death.
33.	When such right extends to causing any harm other than death.
34.	Commencement and continuance of right of private defence of property.
35.	Right of private defence against deadly assault when there is risk of harm to innocent person.
36.	Exemption from this Part.
PART III ABETMENT
37.	Abetment of thing.
38.	Abettor.
39.	Common intention.
40.	Abetment in Brunei Darussalam of offences outside Brunei Darussalam.
41.	Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.
42.	Punishment of abetment if person abetted does act' with different intention from that of abettor.
43.	Liability of abettor when one act abetted and different act done.
44.	Abettor when liable to cumulative punishment for act abetted and for act done.
45.	Liability of abettor for effect caused by act abetted different from that intended by abettor.
46.	Abettor present when offence is committed.
47.	Abetment of offence punishable with death or life imprisonment.
48.	Abetment of offence punishable with imprisonment if offence is not committed. If abettor or person abetted is public servant whose duty is to prevent offence.
49.	Abetting commission of offence by public, or by more than ten persons.
50.	Public servant concealing design to commit offence which it is his duty to prevent.
51.	Concealing design to commit offence punishable with imprisonment.
PART IV OFFENCES
Chapter I SARIQAH, HIRABAH, ZINA, ZINA BIL-JABAR, LIWAT, QAZAF, DRINKING INTOXICATING DRINKS AND IRTIDAD
52.	Hadd.
Sariqah
53.	Sariqah and hirz.
54.	Value of nisab for sariqah.
55.	Punishment for sariqah.
56.	When hadd punishment for sariqah offences not imposed.
57.	Property in different hirz.
58.	Punishment for committing qatl or causing hurt to person during commission of sariqah.
59.	Attempt to commit sariqah.
60.	Abetting commission of sariqah.
61.	Return of sariqah property.
Hirabah
62.	Hirabah.
63.	Punishment for hirabah.
64.	When punishment of amputation of hand and foot in hirabah shall not be imposed.
65.	Attempt to commit hirabah.
66.	Abetting commission of hirabah.
67.	Return of hirabah property.
Zina
68.	Zina.
69.	Punishment for zina.
70.	Punishment for zina where the offender is not mukallaf or has not attained age of baligh.
71.	Attempt to commit zina.
72.	Attempt to commit zina where the offender is not mukallaf or has not attained age of baligh.
73.	Abetting commission of zina.
74.	Abetment to commit zina where the offender is not mukallaf or has not attained age of baligh.
Zina bil-jabar
75.	Zina bil-jabar.
76.	Punishment for zina bil-jabar.
77.	Punishment for zina bil-jabar where the offender is not mukallaf or has not attained age of baligh.
78.	Attempt to commit zina bil-jabar.
79.	Attempt to commit zina bil-jabar where offender is not mukallaf or has not attained age of baligh.
80.	Abetting commission of zina bil-jabar.
81.	Abetment to commit zina bil-jabar where offender is not mukallaf or has not attained age of baligh.
Liwat
82.	Liwat.
83.	Proof of liwat.
84.	Attempt to commit liwat.
85.	Abetting commission of liwat.
Offences relating to zina, zina bil-jabar or liwat
86.	Withdrawal of ikrar in cases of zina, zina bil-jabar or liwat.
87.	Withdrawal of evidence in cases of zina, zina bil-jabar or liwat.
88.	Accuser and witnesses not liable to qazaf.
89.	Accuser and witnesses liable to qazaf.
90.	Ityan al-mayyitah.
91.	Ityan al-bahimah.
92.	Musahaqah.
93.	Refusal to perform li'an.
94.	Pregnant out of wedlock.
Qazaf
95.	Qazaf.
96.	Condition for person who commits qazaf and person liable to qazaf.
97.	Manner of committing qazaf.
98.	Punishment for qazaf.
99.	Cases in which hadd punishment not imposed or enforced.
100.	Issuing documents deemed to contain meaning of qazaf.
101.	Sale of document deemed to contain the meanings of qazaf.
102.	Attempt to commit qazaf.
103.	Abetting commission of qazaf.
Intoxicating drinks
104.	Drinking etc. liquor or intoxicating drinks.
105.	Attempt to commit offence of drinking etc. liquor or intoxicating drinks.
106.	Abetting commission of offence of drinking etc. liquor or intoxicating drinks.
Irtidad
107.	Irtidad.
108.	Declaring oneself as god.
109.	Declaring oneself as Rasul or Nabi.
110.	Contempt of Nabi.
111.	Deriding etc. verses of the Al-Qur'an, hadith or obligatory matters with ijma'.
112.	Declaring oneself as non-Muslim.
113.	Attempt to commit irtidad.
114.	Abetting commission of irtidad.
115.	Forfeiture and disposal.
116.	Order to repent.
117.	Acquit after repentance.
Chapter II QATL AND CAUSING HURT
118.	Qisas.
119.	Diyat.
120.	Value of diyat.
121.	Arsy.
122.	Badal-al-sulh.
123.	Application of qisas, diyat and arsy.
Qatl
124.	Qatl and its kinds.
125.	Qatlul-'amd.
126.	Punishment for qatlul-'amd.
127.	Qatlul-'amd due to ikrah.
128.	Qatl caused by being hired.
129.	Qatlul-'amd committed in self-defence.
130.	Qatlul-'amd committed by public servant.
131.	Right of qisas of wali-ad-dam in qatlul-'amd.
132.	Cases in which punishment of qatlul-'amd not enforced.
133.	Pardon in respect qatlul-'amd.
134.	Compound of qisas.
135.	Acquittal or punishment after pardon or compound of qisas.
136.	Commission of qatlul-'amd by wali-ad-dam after pardon or compound of qisas.
137.	Attempt to commit qatlul-'amd.
138.	Abetment of qatlul-'amd.
Qatlu syibhil-'amd
139.	Qatlu syibhil-'amd.
140.	Punishment of qatlu syibhil-'amd.
141.	Proof of qatlu syibhil-'amd.
142.	Pardon of diyat in qatlu syibhil-'amd.
143.	Acquittal or punishment after pardon of diyat.
144.	Attempt to commit qatlu syibhil-'amd.
145.	Abetment of qatlu syibhil-'amd.
Qatlul-khata'
146.	Qatlul-khata'
147.	Punishment of qatlul-khata'.
148.	Proof of qatlul-khata'.
149.	Pardon of diyat in qatlul-khata'.
150.	Acquittal or punishment after pardon of diyat.
Qatl by black magic
151.	Black magic
152.	Qatl by black magic
153.	Attempt to commit qatl by black magic.
154.	Abetment of qatl by black magic.
Qatl by poison
155.	Qatl by using poison or poisonous substance.
156.	Attempt of qatl by using poison or poisonous substance.
157.	Abetment of qatl by using poison or poisonous substance.
Qatl by miscarriage of foetus
158.	Qatl by miscarriage of foetus.
159.	Attempting qatl by miscarriage of foetus.
160.	Abetment of qatl by miscarriage of foetus.
161.	Miscarriage of pregnancy.
162.	Attempt to cause miscarriage of pregnancy.
163.	Abetment to cause miscarriage of pregnancy.
164.	Exception for sections 158 and 161.
Suicide
165.	Attempt to commit suicide.
166.	Abetment to commit suicide.
Hurt
167.	Causing hurt.
168.	Kinds of hurt.
169.	Punishment of causing hurt.
170.	Proof of hurt liable to qisas.
171.	Cases in which qisas punishment not enforced.
172.	Power of Court to determine hurt liable to qisas or otherwise.
173.	Pardon in respect of hurt.
174.	Compound of qisas.
175.	Acquittal or punishment after pardon or compound of qisas.
176.	Punishment of arsy ghairu muqaddar.
177.	Determination of value of arsy ghairu muqaddar.
178.	Recovery of arsy muqaddar or arsy ghairu muqaddar.
179.	Punishment for hurt by rash or negligent act.
180.	Punishment for hurt by mistake.
181.	Arsy muqaddar or arsy ghairu muqaddar to be paid to victim.
182.	Attempt to cause hurt.
183.	Abetting commission of causing hurt.
Chapter III WITHDRAWAL OF SYAHADAH
184.	Withdrawal of syahadah before pronouncement of punishment or sentencing, or making order or judgment.
185.	Withdrawal of syahadah in mal case after order or judgment made.
186.	Withdrawal of syahadah after conviction, in cases of qisas and hadd other than zina, zina bil-jabar or liwat.
187.	Withdrawal of syahadah in case of zina, zina bil-jabar or liwat.
188.	Withdrawal of syahadah ihshan by syahid.
189.	Withdrawal of syahadah in cases liable to punishment other than hadd, qisas, diyat or arsy.
190.	Withdrawal of syahadah by syahid furu' in mal case.
191.	False information by muzakki.
Chapter IV GENERAL OFFENCES
192.	Punishment of committing ghasab.
193.	Return of ghasab property.
194.	Failure to perform Friday prayer.
195.	Disrespecting month of Ramadhan.
196.	Khalwat.
197.	Indecent behaviour.
198.	Man posing as woman or vice versa.
199.	Instigating married man or married women to divorce or neglect duties.
200.	Preventing Muslim married couple from cohabiting.
201.	Enticing or causing Muslim married woman to leave matrimonial home.
202.	Enticing female Muslim to leave custody of her parents or guardian.
203.	Unmarried female Muslim who leaves custody of parents or guardian.
204.	Give away or surrender of Muslim.
205.	Acting as procurer.
206.	False claim.
207.	Doctrine or practices etc. contrary to Hukum Syara'.
208.	Practising etc. black magic.
209.	Propagation of religion other than religion of Islam.
210.	Persuading etc. Muslims to change religion.
211.	Persuading etc. person having no religion to become believer of etc. religion other than religion of Islam etc.
212.	Exposing beliefs and practices of religion other than religion of Islam to Muslim child, or child whose parents have no religion, who is under 18 years.
213.	Publication contrary to Hukum Syara'.
214.	Delivering or giving publications relating to religion other than religion of Islam to Muslims or persons having no religion.
215.	Giving in public places publications relating to religion other than religion of Islam to Muslims or persons having no religion.
216.	Worship.
217.	Offences in relation to use of certain words in respect of religion of Islam.
218.	Misuse of titles for Muslims reserved for specific persons.
219.	Accusing etc. Muslim as kafir.
220.	Contempt or brings into contempt etc. religion of Islam.
221.	Contempt of Nabi by non-Muslim.
222.	Deriding etc. verses of Al-Qur'an or hadith by non-Muslim.
223.	Attempt to commit offence under section 221 or 222.
224.	Abetting commission of offence under section 221 or 222.
225.	Forfeiture and disposal.
226.	Order to repent.
227.	Acquit after repentance.
228.	Fatwa.
229.	Religious teaching without written approval.
230.	Contempt etc. of religious authority.
231.	Obstructing Religious Enforcement Officer.
232.	False report.
233.	Giving false syahadah.
234.	Giving false evidence or information.
235.	Incitement to neglect religious duty.
236.	Non-payment of zakat or fitrah.
237.	Collection of zakat or fitrah without authority.
238.	Payments of zakat or fitrah to unauthorised person.
239.	Fraudulent collection of zakat.
240.	Build etc. mosque without permission.
241.	Breach of secrecy.
242.	Intentional insult or interruption to public servant sitting in any stage of judicial proceeding.
243.	Omission to assist public servant when bound by law to give assistance.
244.	Public servant disobeying direction of law with intent to cause injury to any person.
245.	Omission to produce document to public servant by person legally bound to produce it.
246.	Refusal to make oath or declaration by public servant when duly required.
247.	Refusal to answer public servant authorised to question.
248.	Refusal to sign statement.
249.	Voluntarily causing hurt to extort confession or to compel restoration of property.
250.	Attempt.
251.	Penalty not provided for.
PART V GENERAL
252.	Provisions under Chapter 22 do not apply.
253.	Hukum Syara' to apply if no other provision.
254.	Repeal.
	FIRST SCHEDULE—ARABIC SCRIPT
	SECOND SCHEDULE—TYPES OF ITLAF-AL-UDHW OR ITLAF-SALAHIYYAT-AL-UDHW, AMOUNT OF ARSY AND TERM OF IMPRISONMENT
	THIRD SCHEDULE—TYPES OF SYAJJAH, AMOUNT OF ARSY AND TERM OF IMPRISONMENT
	FOURTH SCHEDULE—TYPES OF JURH, AMOUNT OF ARSY AND TERM OF IMPRISONMENT
	FIFTH SCHEDULE—WORDS AND EXPRESSIONS