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03-02-2014, 05:30 PM
An honorable member of the Coffee Shop Has Just Posted the Following:
Foreign envoys briefed on Syariah
Quratul-Ain Bandial
BANDAR SERI BEGAWAN
Friday, January 31, 2014
FOREIGN diplomats in the Sultanate yesterday expressed concerns about how the new Syariah Penal Code Order will affect the rights of their citizens living in Brunei.
During a briefing on the new Syariah legislation at the International Convention Centre, legal officials tried to clarify some of the concerns envoys had for expatriates in Brunei.
Hj Mohd Yusree Hj Junaidi, Assistant Solicitor-General at the Attorney General’s Chambers (AGC), stressed that the legislation is applicable to all persons in Brunei, irrespective of nationality.
While the majority of the laws apply only to Muslims, there are some offences where non-Muslims can be prosecuted under Syariah law, such as committing adultery with a Muslim, or consuming alcoholic beverages in a public place, among others.
Responding to a question from the Russian Ambassador His Excellency Victor Seleznev, Hj Mohd Yusree said under the Order it would be an offence for non-Muslims to use traditional Islamic phrases or words such as “Assalamualaikum” or “insyaAllah” in a publication or public assembly.
Offenders can be punished with a fine of up to $12,000 and/or a term of imprisonment of up to three years.
The assistant solicitor-general added that it is also an offence to propagate other religions besides Islam to Muslims and persons of no religion.
With regard to this, Philippines Ambassador His Excellency Nestor Ochoa asked whether it is permissible for Christians to wear religious symbols such as crosses or lockets depicting Catholic saints.
“The right to practice one’s own religion is guranteed under the (Brunei) constitution,” Hj Mohd Yusree replied.
He added that one of the most popular questions raised by foreigners was whether a conservative dress code will be introduced, requiring women to dress modestly and wear headscarves.
“That is a policy decision which I cannot answer,” said the legal counsel.
“Under Islam, both men and women should cover their aurat, but it is not an offence under the Syariah (Penal Code) not to do so.”
He urged people to use their common sense in the application of the law, and said people should still dress modestly in accordance with cultural norms.
When asked by the US Ambassador His Excellency Daniel Shields whether the government had any plans to educate foreigners and tourists about the new laws, Hj Mohd Yusree said the authorities do plan to disseminate relevant information to foreign missions in Brunei and that members of the public can access the full text of the legislation on the AGC website.
Several embassies have requested the AGC to brief their citizens on how the new laws will affect them.
British High Commissioner His Excellency David Campbell noted that the introduction of the Syariah Penal Code had caused some negative global reaction, and urged the Brunei government to disseminate more information through briefings and the media.
The assistant solicitor-general added that Syariah courts have criminal jurisdiction on offences committed outside Brunei by Brunei citizens or permanent residents.
He admitted though that there would be difficulty in conducting investigations in another country, or bringing foreign eyewitnesses to testify in Brunei.
“For an offence committed outside Brunei Darussalam to be prosecuted under Syariah law, it would require the confession of the accused.”
Hj Mohd Yusree said offences which carry the hadd punishment – such as amputation, stoning and the death penalty – require a high burden of proof where there must be no room for doubt.
“It would be quite difficult to find several eyewitnesses who are adil (fair), and the likelihood that these cases would proceed in the Syariah court is very small,” he told envoys.
He explained that each criminal case will still be investigated by police who will then pass the case to the Attorney General’s Chambers for prosecution.
The case will be assessed by the public prosecutor who will determine whether the case will proceed to the civil or Syariah court.
The Brunei Times
Punishments in Syariah Law Explained, Implementation in Less Than Two Months
Bandar Seri Begawan: In less than two months, “hadd” punishments that include amputation of the hand for crimes such as property theft and whipping for alcohol consumption will be implemented in the Sultanate as religious judicial authorities are stepping up their efforts to increase public understanding of the Syariah Law as well as warding off misconceptions.
Under the New Syariah Penal Code Order 2013, offences such as adultery, apostasy, consuming intoxicants, theft and robbery will carry “hadd” punishments; punishments or penalty as once ordained by Al-Quran or Sunnah Rasullullah Sallallahu Alaihi Wassalam (Peace be upon him) for the offences of “sariqah (robbery)”, “hirabah (anti social crimes)”, “zina (fornication, adultery)”, “liwat (sodomy)”, “qazaf (accusing someone of committing fornication in absence of credible evidence and four eyewitnesses)” and “irtidad (apostasy)”.
The legal definition for Sariqah refers to “an act of removing by stealth a movable property from the possession of its owner, without the consent and with the intention to deprive him thereof”, or simply known as theft.
According to the brochures provided by the Islamic legal Unit, Ministry of Religious Affairs, punishment for sariqah first offender equates to the amputation of the right hand from the joint of the wrist, while the second offence means amputation of the left foot up to the ankle. Finally, imprisonment for a term not exceeding fifteen years will be imposed upon the third or subsequent offences.
Hadd punishments shall not be imposed upon sariqah offences when for instance, the stolen property is less than the value of “nisab”; the offender is not “mukallaf” (a person who has attained the age of fifteen years and is mentally and physically healthy); when the stolen property is of no value according to Hukum Syara such as intoxicants or instruments for amusements; when the offence is committed by a creditor in respect to property of his debtor who refuses to pay the debt.
The order dictates that the value of nisab of sariqah liable to had punishment is one dinar (4.25 grammes of gold) or its price in the local currency at the time of the offence of sariqah was committed.
Under the Order, hirabah is defined as “an act of taking another person’s property by force or threat of the use of force done by a person or a group of persons armed with any weapon or instrument capable of being used as a weapon”.
Individual found guilty of hirabah will be punishable by death, if the perpetrator commits murder whilst committing hirabah. If the offender causes hurt to the victim in hirabah, he or she will be liable to amputation of the right hand from the joint of the wrist and amputation of left foot up to the ankle, or “qisas”. The non-hadd punishments are a fine, imprisonment or whipping.
Zina is defined in the Order as man and woman who have willfully committed sexual intercourse without being legally married to each other. Any Muslim who is proved to have committed zina shall be liable upon conviction according to the following categories: if the person is “muhshan” (a legally married person who has had sexual intercourse in marriage), the punishment will be stoning to death. One hundred strokes will be imposed to “ghairu muhshan (a person who is not married, or married but never had sexual intercourse in the marriage)”. Other than hadd, punishments also include fine, imprisonment or whipping.
Zina bil-jabar (rape) carries the hadd punishment of stoning to death if the person is muhshan, and one hundred strokes and imprisonment for one year if the person is ghairu muhshan. Punishments also include imprisonment or whipping.
Person or persons committing liwat (sodomy or anal intercourse between man and another man or between a man and another woman other than his wife, performed against the order of nature) is guilty of an offence and shall be liable upon conviction to the same punishment as provided for zina.
Qazaf is also another offence under the Order, which refers to the accusation of a form of zina, be it orally or documentarily improvable by four syahid (witnesses. Not to be confused with “martyrs”) against a Muslim who is mukallaf and known as a person who guards his or her chastity and has never committed zina. The hadd punishments for this particular offence are eighty strokes, a fine and imprisonment.
When it comes to the consumption of intoxicating beverage such as alcoholic drinks, the Order describes that any Muslim who consumes liquor or any such drinks shall be liable to face hadd punishments of forty strokes, eighty strokes for a second offence and eighty strokes and imprisonment for a term not exceeding two years for a third or subsequent offence. Non-hadd punishments are a fine or imprisonment.
For irtidad (apostasy, also known as murtad), the Order designates death sentence as the hadd punishment for this offence. However, the person denouncing his or her Islamic faith must first be consulted to ascertain the motivations behind his or her decision to abandon Islam. Chances of repentance will be given to a person guilty of irtidad. Death sentence will only be imposed if the person obstinately refuses to repent and that the authority sees no hope is left with the person. Other punishments are imprisonment or whipping.
The Sultanate has been a centre of controversy lately due to its decision to implement Syariah Law that will be in full effect starting on April this year. Critics both foreign and domestic have pointed out that improving the nation’s economy should be made a priority since the number of unemployed people begin to increase in a country that lacks economic diversity and heavily dependent on oil and gas industry. ©BRUDIRECT.COM
http://www.brudirect.com/national/na...han-two-months (http://www.brudirect.com/national/national/national-headlines/14993-punishments-in-syariah-law-explained-implementation-in-less-than-two-months)
Click here to view the whole thread at www.sammyboy.com (http://sammyboy.com/showthread.php?174100-Brunei-Will-Be-A-Taliban-Country-Soon&goto=newpost).
Foreign envoys briefed on Syariah
Quratul-Ain Bandial
BANDAR SERI BEGAWAN
Friday, January 31, 2014
FOREIGN diplomats in the Sultanate yesterday expressed concerns about how the new Syariah Penal Code Order will affect the rights of their citizens living in Brunei.
During a briefing on the new Syariah legislation at the International Convention Centre, legal officials tried to clarify some of the concerns envoys had for expatriates in Brunei.
Hj Mohd Yusree Hj Junaidi, Assistant Solicitor-General at the Attorney General’s Chambers (AGC), stressed that the legislation is applicable to all persons in Brunei, irrespective of nationality.
While the majority of the laws apply only to Muslims, there are some offences where non-Muslims can be prosecuted under Syariah law, such as committing adultery with a Muslim, or consuming alcoholic beverages in a public place, among others.
Responding to a question from the Russian Ambassador His Excellency Victor Seleznev, Hj Mohd Yusree said under the Order it would be an offence for non-Muslims to use traditional Islamic phrases or words such as “Assalamualaikum” or “insyaAllah” in a publication or public assembly.
Offenders can be punished with a fine of up to $12,000 and/or a term of imprisonment of up to three years.
The assistant solicitor-general added that it is also an offence to propagate other religions besides Islam to Muslims and persons of no religion.
With regard to this, Philippines Ambassador His Excellency Nestor Ochoa asked whether it is permissible for Christians to wear religious symbols such as crosses or lockets depicting Catholic saints.
“The right to practice one’s own religion is guranteed under the (Brunei) constitution,” Hj Mohd Yusree replied.
He added that one of the most popular questions raised by foreigners was whether a conservative dress code will be introduced, requiring women to dress modestly and wear headscarves.
“That is a policy decision which I cannot answer,” said the legal counsel.
“Under Islam, both men and women should cover their aurat, but it is not an offence under the Syariah (Penal Code) not to do so.”
He urged people to use their common sense in the application of the law, and said people should still dress modestly in accordance with cultural norms.
When asked by the US Ambassador His Excellency Daniel Shields whether the government had any plans to educate foreigners and tourists about the new laws, Hj Mohd Yusree said the authorities do plan to disseminate relevant information to foreign missions in Brunei and that members of the public can access the full text of the legislation on the AGC website.
Several embassies have requested the AGC to brief their citizens on how the new laws will affect them.
British High Commissioner His Excellency David Campbell noted that the introduction of the Syariah Penal Code had caused some negative global reaction, and urged the Brunei government to disseminate more information through briefings and the media.
The assistant solicitor-general added that Syariah courts have criminal jurisdiction on offences committed outside Brunei by Brunei citizens or permanent residents.
He admitted though that there would be difficulty in conducting investigations in another country, or bringing foreign eyewitnesses to testify in Brunei.
“For an offence committed outside Brunei Darussalam to be prosecuted under Syariah law, it would require the confession of the accused.”
Hj Mohd Yusree said offences which carry the hadd punishment – such as amputation, stoning and the death penalty – require a high burden of proof where there must be no room for doubt.
“It would be quite difficult to find several eyewitnesses who are adil (fair), and the likelihood that these cases would proceed in the Syariah court is very small,” he told envoys.
He explained that each criminal case will still be investigated by police who will then pass the case to the Attorney General’s Chambers for prosecution.
The case will be assessed by the public prosecutor who will determine whether the case will proceed to the civil or Syariah court.
The Brunei Times
Punishments in Syariah Law Explained, Implementation in Less Than Two Months
Bandar Seri Begawan: In less than two months, “hadd” punishments that include amputation of the hand for crimes such as property theft and whipping for alcohol consumption will be implemented in the Sultanate as religious judicial authorities are stepping up their efforts to increase public understanding of the Syariah Law as well as warding off misconceptions.
Under the New Syariah Penal Code Order 2013, offences such as adultery, apostasy, consuming intoxicants, theft and robbery will carry “hadd” punishments; punishments or penalty as once ordained by Al-Quran or Sunnah Rasullullah Sallallahu Alaihi Wassalam (Peace be upon him) for the offences of “sariqah (robbery)”, “hirabah (anti social crimes)”, “zina (fornication, adultery)”, “liwat (sodomy)”, “qazaf (accusing someone of committing fornication in absence of credible evidence and four eyewitnesses)” and “irtidad (apostasy)”.
The legal definition for Sariqah refers to “an act of removing by stealth a movable property from the possession of its owner, without the consent and with the intention to deprive him thereof”, or simply known as theft.
According to the brochures provided by the Islamic legal Unit, Ministry of Religious Affairs, punishment for sariqah first offender equates to the amputation of the right hand from the joint of the wrist, while the second offence means amputation of the left foot up to the ankle. Finally, imprisonment for a term not exceeding fifteen years will be imposed upon the third or subsequent offences.
Hadd punishments shall not be imposed upon sariqah offences when for instance, the stolen property is less than the value of “nisab”; the offender is not “mukallaf” (a person who has attained the age of fifteen years and is mentally and physically healthy); when the stolen property is of no value according to Hukum Syara such as intoxicants or instruments for amusements; when the offence is committed by a creditor in respect to property of his debtor who refuses to pay the debt.
The order dictates that the value of nisab of sariqah liable to had punishment is one dinar (4.25 grammes of gold) or its price in the local currency at the time of the offence of sariqah was committed.
Under the Order, hirabah is defined as “an act of taking another person’s property by force or threat of the use of force done by a person or a group of persons armed with any weapon or instrument capable of being used as a weapon”.
Individual found guilty of hirabah will be punishable by death, if the perpetrator commits murder whilst committing hirabah. If the offender causes hurt to the victim in hirabah, he or she will be liable to amputation of the right hand from the joint of the wrist and amputation of left foot up to the ankle, or “qisas”. The non-hadd punishments are a fine, imprisonment or whipping.
Zina is defined in the Order as man and woman who have willfully committed sexual intercourse without being legally married to each other. Any Muslim who is proved to have committed zina shall be liable upon conviction according to the following categories: if the person is “muhshan” (a legally married person who has had sexual intercourse in marriage), the punishment will be stoning to death. One hundred strokes will be imposed to “ghairu muhshan (a person who is not married, or married but never had sexual intercourse in the marriage)”. Other than hadd, punishments also include fine, imprisonment or whipping.
Zina bil-jabar (rape) carries the hadd punishment of stoning to death if the person is muhshan, and one hundred strokes and imprisonment for one year if the person is ghairu muhshan. Punishments also include imprisonment or whipping.
Person or persons committing liwat (sodomy or anal intercourse between man and another man or between a man and another woman other than his wife, performed against the order of nature) is guilty of an offence and shall be liable upon conviction to the same punishment as provided for zina.
Qazaf is also another offence under the Order, which refers to the accusation of a form of zina, be it orally or documentarily improvable by four syahid (witnesses. Not to be confused with “martyrs”) against a Muslim who is mukallaf and known as a person who guards his or her chastity and has never committed zina. The hadd punishments for this particular offence are eighty strokes, a fine and imprisonment.
When it comes to the consumption of intoxicating beverage such as alcoholic drinks, the Order describes that any Muslim who consumes liquor or any such drinks shall be liable to face hadd punishments of forty strokes, eighty strokes for a second offence and eighty strokes and imprisonment for a term not exceeding two years for a third or subsequent offence. Non-hadd punishments are a fine or imprisonment.
For irtidad (apostasy, also known as murtad), the Order designates death sentence as the hadd punishment for this offence. However, the person denouncing his or her Islamic faith must first be consulted to ascertain the motivations behind his or her decision to abandon Islam. Chances of repentance will be given to a person guilty of irtidad. Death sentence will only be imposed if the person obstinately refuses to repent and that the authority sees no hope is left with the person. Other punishments are imprisonment or whipping.
The Sultanate has been a centre of controversy lately due to its decision to implement Syariah Law that will be in full effect starting on April this year. Critics both foreign and domestic have pointed out that improving the nation’s economy should be made a priority since the number of unemployed people begin to increase in a country that lacks economic diversity and heavily dependent on oil and gas industry. ©BRUDIRECT.COM
http://www.brudirect.com/national/na...han-two-months (http://www.brudirect.com/national/national/national-headlines/14993-punishments-in-syariah-law-explained-implementation-in-less-than-two-months)
Click here to view the whole thread at www.sammyboy.com (http://sammyboy.com/showthread.php?174100-Brunei-Will-Be-A-Taliban-Country-Soon&goto=newpost).