Laws
Syariah Penal Code
Chapter I
s 78

In force2024 Revised EditionCurrent version · 2024 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)

Contents

Syariah Penal Code

Find in this Act

Preliminary

1Citation
2Interpretation
3Application
4Criterion for deciding whether person is Muslim
5Saving of prerogative

General Exceptions

6Act done by person bound, or by mistake of fact believing himself bound, by law
7Act of Syar’ie Judge when acting judicially
8Act done pursuant to judgment or order of Court
9Act done by person justified or by mistake of fact believing himself justified by law
10Involuntarily doing lawful act
11Act likely to cause harm, but done without criminal intent, and to prevent other more serious harm
12Act of child who is not mumaiyiz
13Act of child who is mumaiyiz but not baligh
14Act of person of unsound mind
15Act of person intoxicated against his will or without his knowledge or caused by medication
16Act not intended, and not known to be likely, to cause death or hurt, done by consent
17Act not intended to cause death, done by consent in good faith for person’s benefit
18Act done in good faith for benefit of person who is not baligh or of unsound mind, by or with consent of, guardian etc.
19Consent known to be given under fear or misconception etc.
20Acts which are offences independently of harm caused to person consenting, are not within the exceptions in sections 16, 17 and 18
21Act done in good faith for benefit of person without consent
22Communication in good faith
23Act to which person is compelled by threats
24Act causing slight harm
25Nothing done in private defence etc. is offence Nothing is an offence which is done in the exercise of the right of private defence and the...
26Right of private defence of body and property
27Right of private defence against act of person of unsound mind etc.
28Acts against which there is no right of private defence
29When right of private defence of body extends to causing death
30When such right extends to causing any harm other than death
31Commencement and continuance of right of private defence of body
32When right of private defence of property extends to causing death
33When such right extends to causing any harm other than death
34Commencement and continuance of right of private defence of property
35Right of private defence against deadly assault when there is risk of harm to innocent person
36Exemption from this Part

Abetment

37Abetment of thing
38Abettor
39Common intention
40Abetment in Brunei Darussalam of offences outside Brunei Darussalam
41Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
42Punishment of abetment if person abetted does act with different intention from that of abettor
43Liability of abettor when one act abetted and different act done
44Abettor when liable to cumulative punishment for act abetted and for act done
45Liability of abettor for effect caused by act abetted different from that intended by abettor
46Abettor present when offence is committed
47Abetment of offence punishable with death or life imprisonment
48Abetment of offence punishable with imprisonment if offence is not committed. If abettor or person abetted is public servant whose duty is to prevent offence
49Abetting commission of offence by public, or by more than ten persons

IVChapter IV (General Offences) of Part 4 by the public generally, or by any number or group of persons exceeding ten, is guilty of an offence and liable

50Public servant concealing design to commit offence which it is his duty to prevent
51Concealing design to commit offence punishable with imprisonment

Offences

ISariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad

52Hadd
53Sariqah and hirz
54Value of nisab for sariqah
55Punishment for sariqah
56When hadd punishment for sariqah offences not imposed
57Property in different hirz
58Punishment for committing qatl or causing hurt to person during commission of sariqah
59Attempt to commit sariqah
60Abetting commission of sariqah
61Return of sariqah property
62Hirabah
63Punishment for hirabah
64When punishment of amputation of hand and foot in hirabah shall not be imposed
65Attempt to commit hirabah
66Abetting commission of hirabah
67Return of hirabah property
68Zina
69Punishment for zina
70Punishment for zina where offender is not mukallaf or has not attained age of baligh
71Attempt to commit zina
72Attempt to commit zina where offender is not mukallaf or has not attained age of baligh
73Abetting commission of zina
74Abetment to commit zina where offender is not mukallaf or has not attained age of baligh
75Zina bil-jabar
76Punishment for zina bil-jabar
77Punishment for zina bil-jabar where offender is not mukallaf or has not attained age of baligh
78Attempt to commit zina bil-jabar
79Attempt to commit zina bil-jabar where offender is not mukallaf or has not attained age of baligh
80Abetting commission of zina bil-jabar
81Abetment to commit zina bil-jabar where offender is not mukallaf or has not attained age of baligh
82Liwat
83Proof of liwat
84Attempt to commit liwat
85Abetting commission of liwat
86Withdrawal of ikrar in cases of zina, zina bil-jabar or liwat
87Withdrawal of evidence in cases of zina, zina bil-jabar or liwat
88Accuser and witnesses not liable to qazaf
89Accuser and witnesses liable to qazaf
90Ityan al-mayyitah
91Ityan al-bahimah
92Musahaqah
93Refusal to perform li’an
94Pregnant out of wedlock
95Qazaf
96Condition for person who commits qazaf and person liable to qazaf
97Manner of committing qazaf
98Punishment for qazaf
99Cases in which hadd punishment not imposed or enforced
100Issuing documents deemed to contain meaning of qazaf
101Sale of document deemed to contain the meanings of qazaf
102Attempt to commit qazaf
103Abetting commission of qazaf
104Drinking etc. liquor or intoxicating drinks
105Attempt to commit offence of drinking etc. liquor or intoxicating drinks
106Abetting commission of offence of drinking etc. liquor or intoxicating drinks
107Irtidad
108Declaring oneself as god
109Declaring oneself as Rasul or Nabi
110Contempt of Nabi
111
112Declaring oneself as non-Muslim
113Attempt to commit irtidad
114Abetting commission of irtidad
115Forfeiture and disposal
116Order to repent
117Acquit after repentance

IIQatl and Causing Hurt

118Qisas
119Diyat
120Value of diyat
121Arsy
122Badal-al-sulh
123Application of qisas, diyat and arsy
124Qatl and its kinds
125Qatlul-’amd
126Punishment for qatlul-’amd
127Qatlul-’amd due to ikrah
128Qatl caused by being hired
129Qatlul-’amd committed in self-defence
130Qatlul-’amd committed by public servant
131Right of qisas of wali-ad-dam in qatlul-’amd
132Cases in which punishment of qatlul-’amd not enforced
133Pardon in respect qatlul-’amd
134Compound of qisas
135Acquittal or punishment after pardon or compound of qisas
136Commission of qatlul-’amd by wali-ad-dam after pardon or compound of qisas
137Attempt to commit qatlul-’amd
138Abetment of qatlul-’amd
139Qatlu syibhil-’amd
140Punishment of qatlu syibhil-’amd
141Proof of qatlu syibhil-’amd
142Pardon of diyat in qatlu syibhil-’amd
143Acquittal or punishment after pardon of diyat
144Attempt to commit qatlu syibhil-’amd
145Abetment of qatlu syibhil-’amd
146Qatlul-khata’
147Punishment of qatlul-khata’
148Proof of qatlul-khata’
149Pardon of diyat in qatlul-khata’
150Acquittal or punishment after pardon of diyat
151Black magic
152Qatl by black magic
153Attempt to commit qatl by black magic
154Abetment of qatl by black magic
155Qatl by using poison or poisonous substance
156Attempt of qatl by using poison or poisonous substance
157Abetment of qatl by using poison or poisonous substance
158Qatl by miscarriage of foetus
159Attempting qatl by miscarriage of foetus
160Abetment of qatl by miscarriage of foetus
161Miscarriage of pregnancy
162Attempt to cause miscarriage of pregnancy
163Abetment to cause miscarriage of pregnancy
164Exception for sections 158 and 161
165Attempt to commit suicide
166Abetment to commit suicide
167Causing hurt
168Kinds of hurt
169Punishment of causing hurt
170Proof of hurt liable to qisas
171Cases in which qisas punishment not enforced
172Power of Court to determine hurt liable to qisas or otherwise
173Pardon in respect of hurt
174Compound of qisas
175Acquittal or punishment after pardon or compound of qisas
176Punishment of arsy ghairu muqaddar
177Determination of value of arsy ghairu muqaddar
178Recovery of arsy muqaddar or arsy ghairu muqaddar
179Punishment for hurt by rash or negligent act
180Punishment for hurt by mistake
181Arsy muqaddar or arsy ghairu muqaddar shall be paid to victim
182Attempt to cause hurt
183Abetting commission of causing hurt

IIIWithdrawal of Syahadah

184Withdrawal of syahadah before pronouncement of punishment or sentencing, or making order or judgment
185Withdrawal of syahadah in mal case after order or judgment made
186Withdrawal of syahadah after conviction, in cases of qisas and hadd other than zina, zina bil-jabar or liwat
187Withdrawal of syahadah in case of zina, zina bil-jabar or liwat
188Withdrawal of syahadah ihshan by syahid
189Withdrawal of syahadah in cases liable to punishment other than hadd, qisas, diyat or arsy
190Withdrawal of syahadah by syahid furu’ in mal case
191False information by muzakki

IVGeneral Offences

192Punishment of committing ghasab
193Return of ghasab property
194Failure to perform Friday prayer
195Disrespecting month of Ramadhan
196Khalwat
197Indecent behaviour
198Man posing as woman or vice versa
199Instigating married man or married woman to divorce or neglect duties
200Preventing Muslim married couple from cohabiting
201Enticing or causing Muslim married woman to leave matrimonial home
202Enticing female Muslim to leave custody of her parents or guardian
203Unmarried female Muslim who leaves custody of parents or guardian
204Give away or surrender of Muslim
205Acting as procurer
206False claim
207Doctrine or practices etc. contrary to Hukum Syara’
208Practising etc. black magic
209Propagation of religion other than religion of Islam
210Persuading etc. Muslims to change religion
211Persuading etc. person having no religion to become believer of etc. religion other than religion of Islam etc.
212Muslim child, or child whose parents have no religion, who is under 18 years
213Publication contrary to Hukum Syara’
214Delivering or giving publications relating to religion other than religion of Islam to Muslims or persons having no religion
215Giving in public places publications relating to religion other than religion of Islam to Muslims or persons having no religion
216Worship
217Offences in relation to use of certain words in respect of religion of Islam
218Misuse of titles for Muslims reserved for specific persons
219Accusing etc. Muslim as kafir
220Contempt or brings into contempt etc. religion of Islam
221Contempt of Nabi by non-Muslim
222Deriding etc. verses of Al-Qur’an or hadith by non-Muslim
223Attempt to commit offence under section 221 or 222
224Abetting commission of offence under section 221 or 222
225Forfeiture and disposal
226Order to repent
227Acquit after repentance
228Fatwa
229Religious teaching without written approval
230Contempt etc. of religious authority
231Obstructing Religious Enforcement Officer
232False report
233Giving false syahadah
234Giving false evidence or information
235Incitement to neglect religious duty
236Non-payment of zakat or fitrah
237Collection of zakat or fitrah without authority
238Payments of zakat or fitrah to unauthorised person
239Fraudulent collection of zakat
240Build etc. mosque without permission
241Breach of secrecy
242Intentional insult or interruption to public servant sitting in any stage of judicial proceeding
243Omission to assist public servant when bound by law to give assistance
244Public servant disobeying direction of law with intent to cause injury to any person
245Omission to produce document to public servant by person legally bound to produce it
246Refusal to make oath or declaration by public servant when duly required
247Refusal to answer public servant authorised to question
248Refusal to sign statement
249Voluntarily causing hurt to extort confession or to compel restoration of property
250Attempt
251Penalty not provided for

General

252Provisions under Chapter 22 do not apply
253Hukum Syara’ to apply if no other provision

Schedules

SCHEDULE 1 (section 2(4)) ARABIC SCRIPT Ahli Bait -----ﺃﻫѧѧѧѧﻝ ﺍﻟﺑﻳѧѧѧѧﺕ ’Alaihis Shalatu Wassalam -----ﻋﻠﻳѧѧѧѧѧﻪ ﺍﻟﺻѧѧѧѧѧﻼﺓ ﻭﺍﻟﺳѧѧѧѧѧﻼﻡ Al...
SCHEDULE 1 — (continued) Fitrah -----ﻓﻁѧѧѧѧﺭﺓ Ghairu jaefah -----ﻏѧѧѧѧѧﻳﺭ ﺟﺎﺋﻔѧѧѧѧѧﺔ Ghairu muhshan -----ﻏѧѧﻳﺭ ﻣﺣﺻѧѧﻥ Ghairu muqaddar -----...
SCHEDULE 1 — (continued) Itlaf-salahiyyat-al-udhw -----ﺇﺗѧѧѧѧѧﻼﻑ ﺻѧѧѧѧѧﻼﺣﻳﺔ ﺍﻟﻌﺿѧѧѧѧѧﻭ Ityan al-bahimah -----ﺇﺗﻳѧѧѧѧѧѧѧﺎﻥ ﺍﻟﺑﻬﻳﻣѧѧѧѧѧѧѧﺔ It...
SCHEDULE 1 — (continued) Mumaiyiz -----ﻣﻣѧѧﻳﺯ Munaqqilah -----ﻣﻧﻘﻠѧѧѧѧѧѧﺔ Muqaddar -----ﻣﻘѧѧﺩﺭ Musahaqah -----ﻣﺳѧѧѧﺎﺣﻘﺔ Mutalahimah -----ﻣﺗ...
SCHEDULE 1 — (continued) Sulh -----ﺻѧѧѧѧﻠﺢ Subhanallah -----ﺳѧѧѧѧѧѧѧѧѧѧѧﺑﺣﺎﻥ ﷲ Sunnah -----ﺳѧѧѧﻧﺔ Syahid -----ﺷﺎﻫﺩ Syahadah -----ﺷѧﻬﺎﺩﺓ Sya...
SCHEDULE 1 — (continued) Zina -----ﺯﻧѧѧﺎ Zina bil-jabar -----ﺯﻧѧѧѧѧѧѧﺎ ﺑѧѧѧѧѧѧﺎﻟﺟﺑﺭ Syariah Penal Code
Schedule 2 (Sections 63(1)(c) and 169(2)(i)) Types of Itlaf-Al-Udhw or Itlaf-Salahiyyat-Al-Udhw, Amount of Arsy and Term of Imprisonment Ty...
SCHEDULE 3 (section 169(2)(ii)) TYPES OF SYAJJAH, AMOUNT OF ARSY AND TERM OF IMPRISONMENT Type of hurt Amount of arsy Term of imprisonment...
SCHEDULE 4 (section 169(2)(iii) and (iv)) TYPES OF JURH, AMOUNT OF ARSY AND TERM OF IMPRISONMENT Type of hurt Amount of arsy Term of impris...
Schedule 5 (Section 217) Words and Expressions Part 1 Words Which Shall Not Be Used in Respect of Religion Other Than Religion of Islam All...
Schedule 5 — (Continued) Part 2 Expressions Which Shall Not Be Used by Non-Muslims in Respect of Religion Other Than Religion of Islam Alha...
SCHEDULE 6 (section 2) PRACTISE OR CEREMONY RELATED TO RELIGION OF ISLAM 1. Gifting the pahala of recitation
SCHEDULE 6 — (continued) 18. Reciting salawat loudly or in jahr manner between the intervals of sunat Tarawih prayer 19. Qadha prayer for t...

Syariah Penal Code · 2024 Revised Edition · Chapter I · Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad

78. Attempt to commit zina bil-jabar

No plain-English summary for s 78 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

Any person who attempts to commit zina bil-jabar or attempts to cause the commission of zina bil-jabar is guilty of an offence and liable on conviction —

(a)

if he is muhshan, to imprisonment for a term not exceeding 15 years and whipping with 20 strokes;

muhshan

Defined · s 2

“muhshan” means a legally married person and had sexual intercourse in the marriage;

Open s 2

(b)

if he is ghairu muhshan, to imprisonment for a term not exceeding 7 years and whipping with 20 strokes.

ghairu muhshan

Defined · s 2

“ghairu muhshan” means a person who is not married, or married but never had sexual intercourse in the marriage;

Open s 2

Terms defined in s 2

ghairu muhshan
Defined · s 2
“ghairu muhshan” means a person who is not married, or married but never had sexual intercourse in the marriage;
Open s 2
muhshan
Defined · s 2
“muhshan” means a legally married person and had sexual intercourse in the marriage;
Open s 2

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Chapter II

Qatl and Causing Hurt

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Chapter III

Withdrawal of Syahadah

Read on from Chapter III

Chapter IV

General Offences

Read on from Chapter IV

Part

General

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Schedules

Details

Syariah Penal Code · s 78

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Where this comes from

Attorney General's Chambers · Syariah Penal Code, 2024 Revised Edition. Reader record updated on 2 Oct 2026.

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