AFP: Brunei sultan hits back at rare criticism over sharia

Brunei's all-powerful sultan, stung by rare criticism, has ordered social media users to stop attacking his plans to introduce harsh Islamic criminal punishments in the placid oil-rich kingdom, reports AFP [26 Feb 2014].

"They cannot be allowed to continue committing these insults, but if there are elements which allow them to be brought to court, then the first phase of implementing the Syariah Penal Code Order in April will be very relevant to them," he said, according to a copy of his speech published by state media. He did not specify how social media users could be prosecuted under Islamic law, the report added.

See an earlier report HERE.

THE AFP REPORT GOES ON:

Sultan Hassanal Bolkiah -- one of the world's wealthiest men -- announced last October that Brunei would phase in sharia law punishments such as flogging, severing limbs and death by stoning beginning April 1, the report said.

The move has sparked a growing outcry on social media, the only outlet for public criticism of authorities in the Muslim country where questioning the 67-year-old sultan is taboo.

In a weekend speech, the sultan issued a clear threat to the critics.

The sultan remains a revered figure in the tiny realm of 400,000 -- which enjoys some of the highest living standards in Asia -- and his word is unquestioned.

But in recent weeks a heated online debate has erupted in the easy-going country between sharia's supporters and those fearful of it.

"It is truly frightening to think that we might potentially be stoned to death for being lovers, that we may be fined for being of a different sexual orientation, and that what we wear will be regulated," one recent posting said.

Brunei has some of Asia's highest rates ofiInternet penetration and social media use.

Sharia punishments can include stoning to death for adultery, severing of limbs for theft, and flogging for violations ranging from abortion to alcohol consumption to homosexuality.

The country already practices a more conservative form of Islam compared to its Muslim neighbours Malaysia and Indonesia, banning the sale and public consumption of alcohol and closely restricting other religions.

Its dual-track legal system combines civil courts with sharia courts that have typically handled mainly marital, inheritance and other low-key issues.

But Hassanal has increasingly advocated strengthening Islam in the face of potentially harmful outside influences, including the internet, and has warned of rising crime.

In his speech, he called his Islamic monarchy a "firewall" against globalisation.

Officials have previously said sharia cases would require an extremely high burden of proof and judges would have wide discretion applying it.

Overseas human right groups have denounced the move.

The sultan's wealth -- estimated at US$20 billion by Forbes magazine in 2011 -- has become legendary with reports of a vast collection of luxury vehicles and gold-bedecked palaces.

The monarchy was deeply embarrassed by a sensational family feud between the sultan and his younger brother Jefri who allegedly embezzled US$15 billion in the 1990s.

Court battles and exposes revealed salacious details of Jefri's un-Islamic jet-set lifestyle, including allegations of a high-priced harem of Western paramours and a luxury yacht he owned called "Tits".

REPORT: Islam really under siege in Malaysia, says Dr M

The constant fear Malaysian Muslims have of Islam being attacked in the country where they are the majority is a legitimate fear, Tun Dr Mahathir Mohamad said today (18 Feb 2014).

The still influential former prime minister also accused the Malaysian Christian community of deliberately testing the tolerance of their Muslim countrymen by insisting on using “Allah” to call their God, reports The Malay Mail Online.

“It is a legitimate fear; if we lose our influence on the country, obviously lots of things which are offensive to Muslims will be found here,” he told reporters after officiating the Global Peace Foundation Chair for Global Peace at the International Islamic University Malaysia here.

Dr Mahathir said the respect Malaysians have for traditional values and customs will disappear should Malays lose political power and backed calls by certain Malay and Muslim rights groups here to rally to defend Islam.

“All this while, during the British time and after independence, it was agreed that the word ‘Allah’ should not be used in the Christian text.  But now you purposely bring it up and make all kinds of claims so as to agitate people and the reaction to that is for them to object,

“This is a reaction to the way people treat Islam in this country today. They have no more respect for Islam, they do things that would be objectionable to Islam and suddenly they come up with this idea that they should call their god ‘Allah’ as well, which is very confusing,” he said.

To illustrate his point, he cited neighbouring Singapore, where he claimed non-Muslims there are less sensitive and considerate to Muslims.

“We see in Singapore for example, while it is not forbidden for us to sit and eat when others are eating pork, but traditionally we don’t allow that.

“But in Singapore, they say so long as you don’t eat, you can put a roast suckling pig in front, but for Malays, this is something they cannot accept,” Dr Mahathir said.

FULL REPORT HERE.

Malaysian constitution may allow for Brunei-style Shariah laws

Tun Abdul Hamid presenting his paper at IAIS public talk on hudud law

The planned Brunei-style Shariah laws, with provisions to introduce hudud, could be implemented under Malaysia’s federal law which will also impact non-Muslims, said former Chief Justice of Malaysia Tun Abdul Hamid Mohamad.

In a lengthy speech yesterday on Brunei’s recent move to introduce the Shariah Penal Code 2013, Abdul Hamid said there is no “constitutional impediment” for criminal offences under the Penal Code to be made punishable with hudud, a view that is expected to be hotly contested by some constitutional experts.

“Parliament may choose whatever punishments to be provided for criminal offences, including punishments according to Shariah. If done that way, they may be extended to Muslims and non-Muslims alike.

“Criminal law is under the jurisdiction of the civil courts. Civil courts have jurisdiction over Muslims and non-Muslims alike.

“For Parliament to make such law, no amendment to the Constitution is required and the bill can be passed by a simple majority. This situation is comparable to the law on Islamic banking and finance and takaful,” he said.

Abdul Hamid, who retired as the nation’s top judge in October 2008, made the remarks in his 12-page speech entitled Implementaion of hudud in Brunei: Differrence between Brunei and Malaysia at a public lecture organised by the International Institute of Advanced Islamic Studies (IAIS) in Petaling Jaya recently. The full speech is available on his website at www.tunabdulhamid. my.

Abdul Hamid, who is also a sitting member of Brunei’s Shariah and civil law harmonising committee, was commenting on the move by Brunei, the oil-rich absolute monarchy sandwiched between Sabah and Sarawak, that had on Oct 22, 2013, gazetted the Shariah penal code with a view to introduce the hudud and qisas punishments in the country. The order has yet to be brought into force.

He made the above remarks as to whether such a move could be made in Malaysia purely from a “legal perspective neutrally and professionally like a judge delivering a judgment”.

“Many people think that since the offences are hudud and qisas offences according to Shariah and ‘Islamic law’ which is under the jurisdiction of the State, therefore State Legislature may make such law. At the most, they are partially right. In Malaysia, any law made must be consistent with the Constitution,” he said.

He noted that some of those offences lie within federal and civil courts’ jurisdiction, hence, if they are made state law, clearly they are unconstitutional, null and void.

“We often hear people saying that the law will be made applicable to Muslims only. Again, this is only partially right,” he said, citing three reasons.

“Criminal law is a public law. The offences are offences against the state, not just against the victim. That is why it is the public prosecutor who prosecutes, on behalf of the State,” he said.

When drawing his conclusion on the move, he said: “In my view, any law, no matter how good it is, if it is implemented without proper preparation, without taking into account the relevant factors or implemented inefficiently or unprofessionally, may lead to injustice. Good intention alone is not enough. Technical know-how, expertise and discipline are among the factors essential for the success of the implementation.”

[THE MALAYSIAN RESERVE, 14 Feb 2014]

SOME NEWS/MATERIAL RELATED TO THE ABOVE STORY:

1. Government Gazette from Brunei's Attorney General 's Chamber. Bil S 69.

2. The Malay version for Perintah Kanun Hukum Jenayah Syariah, 2013

3.. PRESS RELEASE: Syariah Criminal Law Officiated

Prime Minister's Office and Ministry of Religious Affairs, Negara Brunei Darussalam held Majlis Ilmu 2013 which was one of the main events in conjunction with the 67th birthday celebration of His Majesty Paduka Seri Baginda 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. The event was held for 3 consecutive days on 22 October 2013 to 24 October 2013. The event took place at the International Convention Centre (ICC) Berakas, Negara Brunei Darussalam.

4.. BRUNEI RULER'S SPEECH 

I am most grateful to Allah the Almighty, because today's "Majlis Ilmu", that is to say Knowledge Convention, in conjunction with my birthday celebrations is to include historic events, pertaining to the Syariah Penal Code. With the blessings of Allah, this legislation will be gazetted today, the 22nd of October, 2013, and will come into force six months hereafter in phases.

5. Pelita Brunei report on the gazetting of the Brunei Shariah law

'Akta Perinta Kanun Hukuman Jenayah: sya'riah mula digazetkan 22 Oktober 2013'

BANDAR SERI BEGAWAN, Selasa, 22 Oktober. - Negara Brunei Darussalam hari ini melakar sejarah besar apabila mengazetkan Akta Perintah Kanun Hukuman Jenayah Syar'iah yang berkuat kuasa enam bulan selepasnya secara berfasa.

Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar 'Ali Saifuddien Sa'adul Khairi Waddien, Sultan dan Yang Di-Pertuan Negara Brunei Darussalam mengumumkan perkara itu ketika bertitah pada Perasmian Majlis Ilmu 2013 di Pusat Persidangan Antarabangsa, Berakas.