Syariah Criminal Offences (Federal Territories) 1 LAWS OF MALAYSIA REPRINT Act 559 SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997 Date of Royal Assent ... ... ... ... ... 27 March 1997 Date of publication in the Gazette ... ... 31 March 1997 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002 3 LAWS OF MALAYSIA Act 559 SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation PART II OFFENCES RELATING TO `AQIDAH 3. Wrongful worship 4. False doctrine Propagation of religious doctrines, etc. 5. 6. False claim PART III OFFENCES RELATING TO THE SANCTITY OF THE RELIGION OF ISLAM AND ITS INSTITUTION Insulting, or bringing into contempt, etc., the religion of Islam 7. Deriding, etc., Quranic verses or Hadith 8. 9. Contempt or defiance of religious authorities 10. Defiance of Court order Religious teaching without tauliah 11. Opinion contrary to fatwa 12. 13. Religious publication contrary to Islamic Law 14. Failure to perform Friday prayers 4 Laws of Malaysia ACT 559 Section Disrespect for Ramadhan 15. Non-payment of zakat or fitrah 16. 17. Instigating neglect of religious duty 18. Gambling 19. Intoxicating drinks PART IV OFFENCES RELATING TO DECENCY 20. Incest 21. Prostitution Muncikari 22. 23. Sexual intercourse out of wedlock 24. An act preparatory to sexual intercourse out of wedlock Liwat 25. Musahaqah 26. Khalwat 27. 28. Male person posing as woman 29. Indecent acts in public place PART V MISCELLANEOUS OFFENCES 30. Giving false evidence, information or statement Takfir 31. Destroying or defiling mosque, surau, etc. 32. Collection of zakat or fitrah without authority 33. Illegal payment of zakat or fitrah 34. 35. Encouraging vice 36. Enticing a married woman 37. Preventing married couple from cohabiting 38. Instigating husband or wife to divorce or to neglect duties 39. Enticing a female person 40. Selling or giving away child to non-Muslim Qazaf 41. Abuses of halal sign 42. Syariah Criminal Offences (Federal Territories) 5 PART VI ABETMENT AND ATTEMPT 43. Abetment 44. Abetment in the Federal Territories of offences outside the Federal Territories 45. Punishment of abetment 46. Liability of abettor when a different act is done 47. Attempt PART VII GENERAL EXCEPTIONS 48. Act of Judge when acting judicially 49. Act done pursuant to the judgment or order of a Court 50. Act done by a person justified by law Act of child who is not baligh 51. 52. Act of person of unsound mind 53. Act which a person is compelled to do by threats PART VIII GENERAL MATTERS 54. Appointment of rehabilitation centre or approved home 55. Power of Court to commit convicted person to an approved rehabilitation centre 56. Power of Court to commit female offender to an approved home 57. Repeal 58. Amendment of section 164 of the Enactment SCHEDULE 6 Laws of Malaysia ACT 559 Syariah Criminal Offences (Federal Territories) 7 LAWS OF MALAYSIA Act 559 SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997 An Act to provide for Syariah criminal offences, and matters relating thereto. [Federal Territories of Kuala Lumpur and Labuan-- 1 April 1997, P.U. (A) 103/1997; *Federal Territory of Putrajaya-- 1 February 2001, P.U. (A) 251/2002] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Syariah Criminal Offences (Federal Territories) Act 1997 and shall come into force on such date as the Yang di-Pertuan Agong may, by notification in the Gazette, appoint. (2) This Act shall apply only-- (a) to the Federal Territories of Kuala Lumpur and Labuan; and (b) to persons professing the religion of Islam. *NOTE--In its application to the Federal Territory of Putrajaya--see the Federal Territory of Putrajaya (Extension and Modification of Syariah Criminal Offences (Federal Territories) Act 1997) Order 2002 [P.U. (A) 251/2002]. 8 Laws of Malaysia ACT 559 Interpretation 2. (1) In this Act, unless the context otherwise requires-- "Administration Act" means the Administration of Islamic Law (Federal Territories) Act 1993 [Act 505]; "approved home" means any place or institution appointed as such under section 54; "approved rehabilitation centre" means any place or institution appointed as such under section 54; "baligh" means having attained the age of puberty according to Islamic Law; "Court" means the Syariah Subordinate Court, the Syariah High Court, or the Syariah Appeal Court, as the case may be, constituted under section 40 of the Administration Act; " E n a c t m e n t " means the Administration of Muslim Law Enactment 1952 of the State of Selangor [Selangor Enactment 3 of 1952]-- (a) in relation to the Federal Territory of Kuala Lumpur, as m o d i f i e d by the Federal Territory (Modification of Administration of Muslim Law Enactment) Orders 1974 [P.U. (A) 44 of 1974], 1981 [P.U. (A) 390 of 1981] and 1988 [P.U. (A) 263 of 1988] made pursuant to subsection 6(4) of the Constitution (Amendment) (No. 2) Act 1973 [Act A206] and in force in the Federal Territory of Kuala Lumpur by virtue of subsection 6(1) of that Act and the Administration of Muslim Law (Amendment) Act 1984 [Act A576]; and (b) in relation to the Federal Territory of Labuan, as modified a n d extended by the Federal Territory of Labuan (Modification and Extension of Administration of Muslim Law Enactment) Order 1985 [P.U. (A) 352 of 1985] made pursuant to section 7 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585]; " f a t w a " means any fatwa made under section 34 of the Administration Act; "Federal Territories" means the Federal Territories of Kuala Lumpur and Labuan; Syariah Criminal Offences (Federal Territories) 9 "incest" means sexual intercourse between a man and a woman who are prohibited from marrying each other under Islamic Law; "Islamic Law" means Islamic Law according to any recognized mazhab; "Judge" means a judge of the Syariah Appeal Court, the Syariah High Court, and the Syariah Subordinate Court appointed under sections 41, 42 and 43 respectively, of the Administration Act; "li`an" means an allegation made by a man under oath in accordance with Islamic Law that his wife has committed zina; "liwat" means sexual relations between male persons; "Majlis" means the Majlis Agama Islam Wilayah Persekutuan established under subsection 4(1) of the Administration Act; "Mufti" means the person appointed to be the Mufti for the Federal Territories under section 32 of the Administration Act, and includes the Deputy Mufti; "muncikari" means a person who acts as a procurer between a female and male person for any purpose which is contrary to Islamic Law; "musahaqah" means sexual relations between female persons; "qazaf" means making false allegation on any person; "takfir" means to regard a Muslim as a non-Muslim; "zina" means sexual intercourse between a man and a woman out of wedlock. (2) All words and expressions used in this Act and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings thereby assigned to them respectively to the extent that such meanings do not conflict with Islamic Law. (3) For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Act that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions as shown against them therein. 10 Laws of Malaysia ACT 559 PART II OFFENCES RELATING TO `AQIDAH Wrongful worship 3. (1) Any person who worships nature or does any act which shows worship or reverence of any person, animal, place or thing in any manner contrary to Islamic Law shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. (2) The Court may order that any device, object or thing used in the commission of or related to the offence referred to in subsection (1) be forfeited and destroyed, notwithstanding that no person may have been convicted of such offence. False doctrine 4. (1) Any person who teaches or expounds in any place, whether private or public, any doctrine or performs any ceremony or act relating to the religion of Islam shall, if such doctrine or ceremony or act is contrary to Islamic Law or any fatwa for the time being in force in the Federal Territories, be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof. (2) The Court may order that any document or thing used in the commission of or related to the offence referred to in subsection (1) be forfeited and destroyed, notwithstanding that no person may have been convicted of such offence. Propagation of religious doctrines, etc. 5.  Any person who propagates religious doctrines or beliefs other than the religious doctrines or beliefs of the religion of Islam among persons professing the Islamic faith shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. Syariah Criminal Offences (Federal Territories) 11 False claim Any person who-- 6. (a) declares himself or any other person a prophet, Imam Mahadi or wali; or (b) states or claims that he or some other person knows of unnatural happenings, such declaration, statement or claim being false and contrary to