# Syariah Penal Code Order, 2013/Part IV Chapter IV

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Chapter IV GENERAL OFFENCES
Punishment of committing ghasab.
192. (1) Any person who commits ghasab is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(2) For the purposes of sections 192 and 193, "ghasab" means ruling over someone's rights cruelly without consent of the rightful person.
Illustration
    (a) A threatens to kill or injure B if B does not give A an amount of money. B because of fear gives A the amount required. A has committed ghasab.
    (b) A by force took money from B's pocket without B's permission. A has committed ghasab.
Return of ghasab property.
193. (1) Ghasab property shall be returned to the victim if that property is in the original form and is identifiable.
(2) If the ghasab property is lost or used while it is in the custody of the offender, the offender shall be ordered to pay compensation and it shall become a debt which is payable to the owner.
​Failure to perform Friday prayer.
194. Any male who is mukallaf who fails to perform the Friday prayer in a mosque without uzur syar'ie or without any reasonable excuse is guilty of an offence and shall be liable on conviction to a fine not exceeding $200 for a first offence, a fine not exceeding $300 for a second offence, and a fine not exceeding $1,000 for a third or subsequent offence.
Disrespecting month of Ramadhan.
195. (1) Any person who consumes in public any food, drink or tobacco during the fasting hours in the month of Ramadhan is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
(2) Any person who sells or serves any food, drink or tobacco for immediate consumption at that spot, in a public place, during the fasting hours in the month of Ramadhan is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
(3) Subsection (2) shall not apply to any medical practitioner or any other person who serves any food, drink or medicine to any patient during the fasting hours in the month of Ramadhan without which such patient will be affected.
(4) If any person fails to comply with the provisions of subsection (2) in his status as an employee for another person, his employer shall be deemed to have abetted such offence and to have caused the commission of such offence by reason of abetment unless he can prove that such offence was committed without his consent, power, knowledge or approval and that he took all reasonable steps to avoid such act from being committed.
Khalwat.
196. (1) Any Muslim who commits khalwat is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
(2) Any non-Muslim who commits khalwat with a Muslim is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
(3) In this section, "khalwat" means—
    (a) living together, cohabiting, in confinement; or ​
    (b) isolating oneself in close proximity that can lead to suspicion that they are committing an immoral act,
between one man and one woman or more who is not his wife or mahram, or between one woman and one man or more who is not her husband or mahram.
Indecent behaviour.
197. (1) Any person who commits an act of indecent behaviour in any a public place is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 6 months or both.
(2) Any person who organises, persuades or encourages any other person to commit any act of indecent behaviour is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Explanation—An act shall be deemed to be indecent if it tends to tarnish the image of Islam, deprave a person, bring bad influence or cause anger to the person who is likely to have seen the act.
Man posing as woman or vice versa.
198. (1) Any man who dresses and poses as a woman or any woman who dresses and poses as a man in any public place without reasonable excuse is guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, imprisonment for a term not exceeding 3 months or both.
(2) Any man who dresses and poses as a woman or any woman who dresses and poses as a man in any public place for immoral purposes is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Instigating married man or married woman to divorce or neglect duties.
199. Any person who instigates, forces or persuades any Muslim man or Muslim woman to divorce or to neglect his or her duties towards his wife or her husband or children is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Preventing Muslim married couple from cohabiting.
200. Any person who prevents a legally married Muslim couple from cohabiting is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both, and the Court shall order the couple to cohabit as a legally married couple.
​Enticing or causing Muslim married woman to leave matrimonial home.
201. Any person who entices or causes the wife of a Muslim to leave the matrimonial home determined by her husband is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and the Court shall order her to return to her husband.
Enticing female Muslim to leave custody of her parents or guardian.
202. Any person who entices, induces or persuades a female Muslim to leave the custody of her parents or guardian or from any person having the legal custody of her according to Hukum Syara' is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and the Court may order her to be returned to her parents or guardian or the person having the legal custody of her according to Hukum Syara'.
Unmarried female Muslim who leaves custody of parents or guardian.
203. Any unmarried Muslim female who leaves the custody of her parents or guardian or from any person having the legal custody of her according to Hukum Syara' without reasonable excuse according to Hukum Syara' is guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or imprisonment for a term not exceeding 3 months or both, and the Court shall order her to return to her parents or guardian or the person having the legal custody of her according to Hukum Syara'.
Give away or surrender of Muslim.
204. (1) Any Muslim parent or guardian who gives away or surrenders his child or a minor under his custody who has not attained the age of 18 years to a person who is not a Muslim is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(2) Any Muslim who gives away or surrenders any other Muslim person under his custody to a non-Muslim is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(3) Any giving away or surrender under subsection (1) or (2) is invalid and that child or person shall be surrendered to the relevant authority according to the opinion of the Court.
Acting as procurer.
205. Any person who acts as a procurer between a woman and a man, or between a woman and another woman, or between a man and another man, for any ​purpose which is contrary to Hukum Syara' is guilty of an offence and shall be liable on conviction to a fine not exceeding $12,000, imprisonment for a term not exceeding 3 years or both.
False claim.
206. Any Muslim who—
    (a) declares himself or any other person as Imam Mahdi; or
    (b) states or claims that he or any other person knows an event or a matter that is beyond human understanding or knowledge,
whilst such declaration, statement or claim is false and contrary to Hukum Syara' is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years, whipping with 40 strokes and the Court shall order him to repent.
Doctrine or practices etc. contrary to Hukum Syara'.
207. (1) Any Muslim who—
    (a) teaches or expounds any doctrine relating to the religion of Islam in manner contrary to Hukum Syara'; or
    (b) teaches, expounds any doctrine or carries out, performs or practices, a ceremony or act contrary to Hukum Syara',
is guilty of an offence and shall be liable on conviction to a fine not· exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(2) Any non-Muslim who—
    (a) teaches or expounds to any Muslim a ceremony or act contrary to Hukum Syara'; or
    (b) carries out or performs on any Muslim a ceremony or act contrary to Hukum Syara',
is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(3) It is not an offence if any person expounds any matter in subsection (1)(a) and (b) for the interest or benefit of religion of Islam or Muslims.
(4) The Court may order for any document, thing, device or structure used in the commission of or related to the offence referred to in subsection (1) or (2) to ​be forfeited and destroyed notwithstanding that no person may have been convicted of such offence.
Practising etc. black magic.
208. (1) Any person who practises or advertises black magic is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(2) Any person who seeks help from a person who practices black magic for the fulfillment of any wish is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(3) The Court may make an order for any person convicted for an offence under subsection (1) or (2) to attend counselling given by any appropriate person, institution or organisation as the Court thinks fit.
(4) For the purposes of this section—
"black magic" means knot, spell, chants, words, or specific expression or special names spoken or written or doing any act with evil purposes which has the implication and the effect, in the ordinary course of nature, to cause harm to the body, heart or mind of the person affected by black magic; usually the person who practices black magic befriends, or asks for or seeks help from, Iblis, satan, jinn, evil spirits, spirits, ghosts and the like;
"knot" means an art or method to tie any matter used to practice black magic such as by using rope, thread, cloth etc.
Propagation of religion other than religion of Islam.
209. (1) Any person who propagates religion other than religion of Islam, to a Muslim or a person having no religion is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(2) The Court may order for any document or thing, among others, used in the commission of or related to the offence referred to in subsection (1) to be forfeited and destroyed notwithstanding that no person may have been convicted of such offence.
Persuading etc. Muslims to change religion.
210. (1) Any person who persuades, tells, causes, offers payment to, influences, incites, encourages or lets a Muslim— ​
    (a) to become a believer or a member of a religion other than the religion of Islam or to become inclined to that religion; or
    (b) to leave or dislike the religion of Islam,
is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and imprisonment for a term not exceeding 5 years.
(2) It shall not be a defence to a charge under subsection (1) that the other person was not influenced by any matter which was discussed or done by the accused person to him.
Persuading etc. person having no religion to become believer of etc. religion other than religion of Islam etc.
211. Any person who persuades, offers payment, influences or incites a person having no religion—
    (a) to become a believer or a member of a religion other than the religion of Islam or to become inclined to that religion; or
    (b) to dislike.the religion of Islam,
is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and imprisonment for a term not exceeding 5 years.
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.
212. (1) Any person who persuades, tells, causes, offers payment to, influences, incites, encourages or lets a Muslim child, or a child whose parents have no religion, who is under the age of 18—
    (a) to accept the teachings of religions other than the religion of Islam;
    (b) to attend any ceremony, act of worship or religious activities of any religion other than the religion of Islam; or
    (c) to participate in any activities held for the benefit of any religion other than the religion of Islam or organised by or carried out by any body, institution or organisation relating to the religion other than the religion of Islam,
is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and imprisonment for a term not exceeding 5 years.
​(2) The Court may order for any document or thing, among others, used in the commission of or related to the offence referred to in subsection (1) to be forfeited and destroyed notwithstanding that no person may have been convicted for the offence.
Publication contrary to Hukum Syara'.
213. (1) Any person who—
    (a) prints, publishes, imports, broadcasts or distributes for purposes of sale or otherwise or in any other manner; or
    (b) has in his possession,
any publication which gives or purports to give instruction on any matter relating to the teachings of Islam containing any matter which is contrary to Hukum Syara' is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(2) The Court may order for any documents or thing, among others, used in the commission of or related to the offence referred to in subsection (1) to be forfeited and destroyed notwithstanding that no person may have been convicted for the offence.
Delivering or giving publications relating to religion other than religion of Islam to Muslims or persons having no religion.
214. (1) Any person who sends or delivers or causes to be sent or delivered to a Muslim or person having no religion, any publication relating to religion other than the religion of Islam, or any advertising material for such publication, that the other person did not request for, is guilty of an offence and shall be liable on conviction to a fine of not exceeding $2,000, imprisonment for a term not exceeding 6 months or both.
(2) For the purpose of subsection (1), any publication sent or delivered to the address of any person shall be deemed to be sent or delivered to that person.
(3) It shall not be a defence against a charge under subsection (1) that the person to whom the publication was sent or delivered has requested for it if that request has been persuaded by the accused person or any person acting on his behalf.
(4) Subsection (1) does not apply to the delivery of any publication by the Post Office and any similar services.
​Giving in public places publications relating to religion other than religion of Islam to Muslims or persons having no religion.
215. Any person who gives any publication relating to religion other than the religion of Islam to a Muslim or person having no religion in public places is guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, imprisonment for a term not exceeding 3 months or both.
Worship.
216. (1) Any Muslim who worships any person, place, nature or any object, thing or animal in any manner which is contrary to Hukum Syara' is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Explanation—An act or statement that shows faith to any person, object, thing or animal that such person, object, thing or animal possesses power for example the ability to bring good luck, increases wealth, grants wishes, heals diseases and others, amount to the act of worship.
(2) The Court may order for any thing, object or structure used in the commission of or related to offence referred to in subsection (1) to be forfeited and destroyed notwithstanding that no person may have been convicted for the offence.
(3) The Court may order any person who has been convicted for an offence under subsection (1) to attend counselling given by any appropriate person, institution or organisation as the Court thinks fit.
Offences in relation to use of certain words in respect of religion of Islam.
217. (1) Any person who, in any—
    (a) publication;
    (b) speech or public statement;
    (c) speech or statement addressed to any assembly; or
    (d) published or broadcasted speech or statement and at the time of the speech or statement was made he knows, or reasonably should have known, that it will be published or broadcasted,
uses any word listed in Part I of the Fifth Schedule, or any derivatives or its variation, to state or express any fact, belief, idea, concept, act, activity, matter or instances of or relating to a religion other than the religion of Islam is guilty of an ​offence and shall be liable on conviction to a fine not exceeding $12,000, imprisonment for a term not exceeding 3 years or both.
(2) Any non-Muslim who, in instances mentioned in subsection (1), uses any expression listed in Part II of the Fifth Schedule, except as a citation or reference is guilty of an offence and shall be liable on conviction to a fine not exceeding $12,000, imprisonment for a term not exceeding 3 years or both.
(3) The Court may order for any publication or thing, among others, used in the commission of or related to the offence referred to in subsections (1) and (2) to be forfeited and destroyed notwithstanding that no person may have been convicted for the offence.
Misuse of titles for Muslims reserved for specific persons.
218. (1) Any person who by words, either spoken or written, or in any other manner, refers to or addresses—
    (a) any person, other than the Nabi Muhammad Sallallahu 'Alaihi Wa Sallam, by the title "Sallallahu 'Alaihi Wa Sallam"; or
    (b) any person, other than a Rasul or Nabi, by the title "'Alaihis Salam" or "'Alaihis Shalatu Wassalam",
is guilty of an offence and shall be liable. on conviction to a fine not exceeding $12,000, imprisonment for a term not exceeding 3 years or both.
(2) Any person who by words, either spoken or written, or in any other manner, refers to or addresses—
    (a) any person, other than a sahabat of Nabi Muhammad Sallallahu 'Alaihi Wa Sallam, as or by the title "Sahabi";
    (b) any person, other than a wife of Nabi Muhammad Sallallahu 'Alaihi Wa Sallam, as or by the title "Ummul Mu'minin"; or ·
    (c) any person, other than a family member of Nabi Muhammad Sallallahu 'Alaihi Wa Sallam, as or by the title "Ahli Bait",
is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(3) In this section—
    (a) "any person" includes himself;
    (b) "Ahli Bait" means the family member of Nabi Muhammad Sallallahu 'Alaihi Wa Sallam who are— ​
       (i) his wives;
       (ii) his daughter, Fatimah;
       (iii) his son-in-law, Ali; and
       (iv) his grandsons, Hasan and Husain.
Accusing etc. Muslim as kafir.
219. Any person who accuses, alleges or imputes orally, in writing, by sign, or by any act, activity or conduct, or by organising, promoting or arranging any activity or otherwise in any manner, that any Muslim—
    (a) is kafir; or
    (b) is no longer professing the religion of Islam,
is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Contempt or brings into contempt etc. religion of Islam.
220. Any person who, orally, in writing, by visible representation or in any other manner contempts or brings into contempt, insults, makes fun of, mocks, mimics or ridicules—
    (a) the teaching of the religion of Islam;
    (b) the practice or ceremony related to the religion of Islam;
    (c) words that are regarded as holy by Muslims;
    (d) any law in forced related to the religion of Islam;
    (e) any sahabat;
    (f) the tenets of any recognised sect; or
    (g) any fatwa published in the Gazette,
is guilty of an offence and shall be liable on conviction to a fine not exceeding $12,000, imprisonment for a term not exceeding 3 years or both.
​Contempt of Nabi by non-Muslim.
221. (1) Any non-Muslim who, orally, in writing, by visible representation or in any other manner contempts or brings into contempt Nabi Muhammad Sallallahu 'Alaihi Wa Sallam or any Nabi Allah 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 an offence and shall be liable on conviction to death penalty.
(2) Any non-Muslim who, orally, in writing, by visible representation or in any other manner contempts or brings into contempt Nabi Muhammad Sallallahu 'Alaihi Wa Sallam or any Nabi Allah and it is proved by evidence other than those provided under subsection (1) is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 30 years and whipping not exceeding 40 strokes.
Deriding etc. verses of Al-Qur'an or hadith by non-Muslim.
222. (1) Any non-Muslim who derides, mocks, mimics, ridicules or contempts, by word or deed, any verse of the Al-Qur'an or hadith of Nabi Muhammad Sallallahu 'Alaihi Wa Sallam 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 an offence and shall be liable on conviction to death penalty.
(2) Any non-Muslim who derides, mocks, mimics, ridicules, or insults, by words or deed, any verse of the Al-Qur'an or hadith of Nabi Muhammad Sallallahu 'Alaihi Wa Sallam and it is proved by evidence other than those provided under subsection (1) is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 30 years and whipping not exceeding 40 strokes.
Attempt to commit offence under section 221 or 222.
223. Any non-Muslim who attempts to commit or attempts to cause the commission of offences under section 221 or 222 is guilty of an offence and shall be liable on conviction to the same punishment as provided for such offences.
Abetting commission of offence under section 221 or 222.
224. Any person who abets the commission of offences under section 221 or 222 is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 30 years and whipping not exceeding 40 strokes.
​Forfeiture and disposal.
225. The Court may order any document, publication, thing, object or structure or anything similar used in the commission of or in relation to the offences under section 221, 222, 223, or 224 to be forfeited and disposed, notwithstanding that no person may have been convicted of such offence.
Order to repent.
226. The Court shall, after sentencing an offender for any offence under section 221, 222, 223 or 224 and before execution of the punishment, order the offender to repent.
Acquit after repentance.
227. The Court shall, after being satisfied that the offender sentenced with any offence under section 221, 222, 223 or 224 has repented, make an order of acquittal from sentence on the offender.
Fatwa.
228. (1) Any Muslim, other than the Mufti Kerajaan or a person acting under powers conferred by the Religious Council and Kadis Courts Act (Chapter 77), who issues or purports to issue any fatwa to be followed by the public on any question of Islamic doctrine or Hukum Syara' is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(2) If the fatwa is in the form of document, the Court may order any document used in the commission of or related to the offence referred to in subsection (1) to be forfeited and destroyed notwithstanding that no person may have been convicted of the offence.
Religious teaching without written approval.
229. (1) Any person who teaches any matter relating to the religion of Islam without written approval from the Majlis is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(2) Subsection (1) does not apply to—
    (a) any Member of the Majlis or committee of the Majlis or Secretary to the Majlis or any officer of the Court or any religious officer, religious teacher, Imam, Bilal, Religious Enforcement Officer or any person legally appointed under any written law or rules for the purpose of religious teaching or any office as may be determined by the Majlis; and ​
    (b) any person who teaches or professes to teach any matter relating to the religion of Islam to his family members in his own residence only.
Contempt etc. of religious authority.
230. (1) Any person who in any manner contempts, neglects, contravenes, opposes or insults any titah of His Majesty the Sultan and Yang Di-Pertuan with respect to religion in his capacity as the Head of the official religion of Brunei Darussalam is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.
(2) Any person who in any manner contempts—
    (a) the Majlis or Members of the Majlis;
    (b) any committee of the Majlis or its members;
    (c) Court; or
    (d) the administration of the Syariah justice,
is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Obstructing Religious Enforcement Officer.
231. Any person who intentionally obstructs a Religious Enforcement Officer from carrying out his duties is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 6 months or both.
False report.
232. (1) Any complainant in a case who, before the judgment of the Court, or after the judgment of the Court but before the execution of the punishment, confesses or it is proved that he has lodged a false report or has lodged a report which he knows or believes to be false is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(2) Any complainant in a case who, after the execution of the punishment, confesses or it is proved that he has lodged a false report or has lodged a report which he knows or believe to be false is guilty of an offence and shall be liable on conviction to the same punishment as that of the mahkum 'alaihi.
​Giving false syahadah.
233. (1) Any syahid who, before the judgment or conviction is made by the Court, confesses that he has given false syahadah or it is proved that his syahadah is false is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both.
(2) Any syahid who, after the Court has made the judgment or conviction, and the punishment has not been executed, confesses that he has given false syahadah or it is proved that his syahadah is false is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000 or imprisonment for a term not exceeding 7 years, and pay damages for the loss incurred by mahkum 'alaihi, if any, according to the respective shares as the Court thinks reasonable.
(3) Any syahid who, after the Court has made the judgment or conviction, and the punishment has been executed, confesses that he has given false syahadah or it is proved that his syahadah is false is guilty of an offence and shall be liable on conviction to the same punishment that has been made to the mahkum 'alaihi.
Giving false evidence or information.
234. (1) Any person who intentionally gives false evidence or fabricates evidence for the purpose of being used in any stage of a judicial proceeding is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both.
(2) For the purposes of subsection (1), "stage of a judicial proceeding" includes—
    (a) an investigation directed by law preliminary to a proceeding before a Court, though that investigation may not take place before a Court;
    (b) an investigation directed by a Court under the law and conducted under the authority of the Court, though that investigation may not take place before a Court.
(3) Any person who knows or has reason to believe that an offence has been committed under this Order or under any other written law to which Syariah Courts have jurisdiction, gives any information relating to such offence which he knows or believes to be false is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(4) Any person who furnishes, as true, information or statement or declaration on the matter which he knows or has reason to believe to be false on arty matter required by any public servant in the exercise of his lawful duty is ​guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Incitement to neglect religious duty.
235. Any person who incites or persuades any Muslim, not to or prevents any Muslim from—
    (a) attending any mosque to perform Friday prayer;
    (b) attending Islamic religious teaching;
    (c) paying any zakat or fitrah; or
    (d) doing or paying whatever he is liable to do or pay under this Order,
is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Non-payment of zakat or fitrah.
236. (1) Any Muslim who having been lawfully assessed as liable to pay zakat or fitrah under the Religious Council and Kadis Courts Act (Chapter 77) and having failed to procure by appeal or otherwise, the cancellation or modification of such assessment, wilfully fails to pay the zakat or fitrah is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(2) A conviction under this section shall not extinguish the obligation to pay the zakat or fitrah imposed on him.
(3) Any zakat or fitrah due may be recovered as if the zakat or fitrah in question had been ordered to be delivered to the Majlis by a lawful order of a Court or as if the value thereof were recoverable as a fine imposed under this Order.
Collection of zakat or fitrah without authority.
237. Any Muslim who collects zakat or fitrah or who causes zakat or fitrah to be collected without having been appointed as 'Amil or authorised by the Majlis is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and the Court shall order such collection to be paid to the Majlis.
Payments of zakat or fitrah to unauthorised person.
238. Any Muslim who pays or causes zakat or fitrah to be paid to any person not appointed as 'Amil or authorised by the Majlis to collect zakat or fitrah is guilty of ​an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Fraudulent collection of zakat.
239. (1) Any 'Amil who collects zakat or fitrah and issues receipt thereof but does not surrender the amount collected to the Majlis within such period as determined by the Majlis is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(2) Any 'Amil who collects zakat or fitrah and does not issue receipt thereof or issues false receipt is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(3) The Court shall, whether or not the 'Amil has been convicted under subsection Ill or 121, order the collection of zakat or fitrah to be forfeited and paid to the Majlis.
Build etc. mosque without permission.
240. Any Muslim who builds, dedicates or erects a mosque or uses any existing building as or for the purposes of a mosque without the permission of the Majlis under the Religious Council and Kadis Court Act (Chapter 771 is guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and the Court may, for satisfactory purposes subject to any rights of a third party, order the person convicted to close or demolish the building.
Breach of secrecy.
241. (1) Any Member of the Majlis or its servant other than those expressly authorised to do so, divulges any secret relating to the proceedings of the Majlis, which it is his duty to keep its secrecy, to any person other than His Majesty the Sultan and Yang Di-Pertuan and any Member of the Majlis is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment not exceeding 6 months or both.
(2) Subsection (1) shall not apply to the matters which have been submitted to and have received the approval of His Majesty the Sultan and Yang Di-Pertuan.
(3) In this section, "proceedings of the Majlis" means any matter which has arisen at any meeting of the Majlis.
Intentional insult or interruption to public servant sitting in any stage of judicial proceeding.
242. (1) Any person who intentionally insults or interrupts any public servant while the public servant is sitting in any stage of a judicial proceeding is guilty of ​an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
(2) For the purposes of subsection (1), "stage of a judicial proceeding" includes
    (a) an investigation directed by law preliminary to a proceeding before a Court, though that investigation may not take place before a Court;
    (b) an investigation directed by a Court under the law and conducted under the authority of Court, though that investigation may not take place before a Court.
Omission to assist public servant when bound by law to give assistance.
243. (1) Any person who, being bound by law to render assistance to any public servant in the execution of his duty, intentionally omits to give such assistance is guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, imprisonment for a term not exceeding 3 months or both.
(2) If any person mentioned in subsection (1) intentionally omits to give such assistance demanded of him by a public servant legally competent to make such demand for the purpose of executing any summons lawfully issued by the Court, preventing the commission of any offence, suppressing a riot or affray at a public place, or of apprehending any accused person or a person who commits an offence or of having escaped from lawful custody, he is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Public servant disobeying direction of law with intent to cause injury to any person.
244. Any public servant knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience cause injury to any person is guilty of an offence and shall be liable on conviction to a fine not exceeding $12,000 and to imprisonment for a term not exceeding 3 years.
Illustration
A, being an officer directed by law to take property in the execution to satisfy a decree pronounced in B's favour by a Court, knowingly disobeys that direction of law with the knowledge that he is likely thereby to cause injury to B. A has committed an offence under in this section.
Omission to produce document to public servant by person legally bound to produce it.
245. Any person who, being legally bound to produce or deliver up any document to any public servant, intentionally omits to produce or deliver up that document ​is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 6 months or both or, if the document is to be produced or delivered up to a Court, to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Refusal to make oath or declaration by public servant when duly required.
246. Any person who refuses to bind himself by an oath or declaration to state the truth, when so required by a public servant legally competent to require him to do so is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Refusal to answer public servant authorised to question.
247. Any person who, being legally bound to state the truth on any matter to any public servant, refuses to answer any question touching that matter demanded of him by such public servant in the exercise of his legal powers is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Refusal to sign statement.
248. Any person who refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require him to do so is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 6 months or both.
Voluntarily causing hurt to extort confession or to compel restoration of property.
249. Any person who voluntarily causes hurt for the purpose of extorting from the victim or from any person interested in the victim, any confession or information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the victim or any person interested in the victim to restore, or to cause the restoration of, any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, is guilty of an offence and liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both.
Illustration
    (a) A, a religious enforcement officer, tortures B in order to induce B to confess that he committed a crime. A is guilty of an offence under this section.
    (b) C, a religious enforcement officer, tortures D to induce him to point out where certain stolen property is deposited. C is guilty of an offence under this section. ​
    (c) E, causes hurt to F in order to compel him to pay certain arrears of revenue due from F. E is guilty of an offence under this section.
Attempt.
250. Unless otherwise expressly provided, if any person attempts to commit any offence under this Order or by any other written law to which Syariah Courts have jurisdiction punishable with fine, imprisonment or whipping or with a combination of such punishments, or attempts to cause such an offence to be committed and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Order or by such other written law to which Syariah Courts have jurisdiction, as the case may be, on conviction, be punished with such punishment as is provided for that offence:
Provided that any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offences.
Penalty not provided for.
251. (1) Any person who contravenes or fails to comply with any provision of this Order or any direction given or requirement imposed thereunder for which no special penalty is provided is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 6 months or both.
(2) A sentence of imprisonment may be pronounced if the fine imposed under this Order is not paid but the sentence of imprisonment shall not exceed half of the sentence of imprisonment provided for the offence or 7 days if the offence is punishable with a fine only.