Page:Syariah Penal Code Order, 2013.pdf/42

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Hirabah Hirabah.

62. For the purposes of this Order, "hirabah" means 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 weapon.

Punishment for hirabah.

63. (1) Any person who commits hirabah and it is proved either by ikrar of an accused or by syahadah of at least two syahid in accordance with Hukum Syara '  other than the victim's evidence, 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 hadd punishment as follows—
 * (a) death, if during the commission of hirabah, qatl has been committed, with or without taking property, whether or not the value of the property amounts to or less than nisab;
 * (b) (i) amputation of the right hand from the wrist and of the left foot from the ankle, if during the commission of hirabah, the value of property taken amounts to or exceeds nisab;
 * (ii) when the offence of hirabah has been committed jointly by more than one person, the punishment for the amputation of hand and foot shall be imposed only if the value of the share of each one of them amounts to or exceeds nisab;
 * (c) qisas or arsy in accordance with the nature of the hurt as specified in the Second, Third and Fourth Schedules or as determined by the Court.

(2) Any person who commits hirabah—
 * (a) which is proved by evidence other than that provided under subsection (1); or
 * (b) in any circumstances provided under section 64,

is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 30 years and to whipping not exceeding 40 strokes.

When punishment of amputation of hand and foot in hirabah shall not be imposed.

64. The punishment for the amputation of hand and foot shall not be imposed in cases which hadd punishment may not be imposed for sariqah, and the provisions 1702