# Syariah Penal Code Order, 2013

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 |
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