BRUNEI: Next phase of Shariah penal code underway

Borneo Bulletin (11.03.2018) – -Towards the implementation of the next phase of the Shariah Penal Code 2013, a draft on Criminal Procedures Code on Shariah (CPC Shariah) has been approved by the Brunei Islamic Religious Council and has been consented to by His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, Sultan and Yang Di-Pertuan of Brunei Darussalam for gazetting.

Elaborating on the details on the Shariah Penal Code 2013 at the fifth day of the 14th Legislative Council session yesterday, YB Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Haji Awang Badaruddin bin Pengarah Dato Paduka Haji Awang Othman, the Minister of Religious Affairs, shared the first phase has been implemented on May 1, 2014, while the next phase will be carried out according to the right administrative time.

The minister added that the phased implementation of Shariah Penal Code 2013 aimed to provide or enable strategic planning and early preparation in orderly manner and concrete actions by various relevant agencies including investigations, prosecution and judiciary with the implementation of sentences and penalties.

However, several other procedures need to be looked upon before the implementation of CPC Shariah whereby a grace period will be given especially for law practitioners, justice practitioners and execution of the sentences.

He added that the draft provides all rules (law) and prosecutions that will act as a guide for agencies and parties to implement their roles and responsibilities in upholding justice. Apart from CPC Shariah, provisions towards a number of Standard Operating Procedures (SOPs) have already been provided by all relevant parties in ensuring investigation procedures, prosecutions, trials and implementation of sentences are in accordance to the prescribed CPC Shariah.

The minister explained that the SOPs involved coordination of religious enforcement division and the Royal Brunei Police Force (RBPF) that relate with investigations and enforcement; for prosecution and collaborative coordination with the Shariah prosecutor division and the attorney generals; for Hudud and Qisas that relate with trial at Shariah court; for executions of sentences under the Syariah Penal Code 2013 (involving whipping, death sentences, imprisonment, cutting of hands and feet as penalties, stoning and Qisas).

There is also an SOP for medical officers at the Ministry of Health that acts as the Manual Working Procedure and Reference Term for the ministry in implementing Shariah Law.

Other sources

Brunei government signs off on next stage of sharia