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Brunei Penal Law Punishing Homosexual Acts and Adultery: Ibid.
Brunei Penal Law Punishing Homosexual Acts and Adultery: Ibid.
Brunei.1 It joins Iran, Saudi Arabia, Yemen, Sudan, Mauritania and parts of Nigeria
and Somalia, which also impose the death penalty for same-sex relationships,
Association (ILGA).2
Sharia law. 3
Southeast Asian nation of about 450,000 people would practice Sharia law in
October, 2013. The first phase, which related to crimes punishable by fines or
1 http://time.com/5563264/brunei-new-penal-code-what-to-know/
2
BBC News, Brunei stoning: Which places have the death penalty for gay sex?, 3 April 2019,
available at https://www.bbc.com/news/world-45434583
3 http://time.com/5563264/brunei-new-penal-code-what-to-know/
4 Ibid.,
1
The latter phases, which cover offenses punishable by amputation or
death, were delayed amid global censure. But on 3 April 2019, Brunei defied
critics and enacted legislation that allows ruthless punishments, some of which
stoning for gay sex and a number of other acts, including rape, adultery,
The new penal code also punishes lesbian sex through whipping and
theft with amputation, and criminalizes teaching children about any religion
except Islam. 5
Zina (Adultery)
Zina.
5 Ibid.,
2
68. (1) A man and a woman are said to commit zina if they wilfully had sexual
intercourse without being validly married to each other or such intercourse is not
syubhah intercourse.
it is a valid marriage but in actual fact the marriage is not valid (fasid) or sexual
and a woman on the assumption that the woman is his wife and the man is her
husband, when in actual fact she is not his wife and he is not her husband. 6
Illustration:
At night, in the dark, A and B have sexual intercourse. A thinks B is his wife
and B thinks A is her husband, when in fact B is not A’s wife and A is not B’s
husband. A and B did not commit the offence under this section.
Under the new legislation which was enacted on 3 April 2019, Any Muslim
who commits Zina and is proved, the punishment is stoning to death witnessed by a
Liwat (Sodomy)
82. (1) Any person who commits Liwat is guilty of an offence and shall be liable on
conviction to the same punishment (stone to death) as provided for the offence of
zina.
(2) For the purposes of this Order, “liwat” means sexual intercourse between a man
and another man or between a man and a woman other than his wife, done against
Musahaqah.
92. (1) Any Muslim woman who commits musahaqah is guilty of an offense and shall
be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not
the punishment.
(2) Any non-Muslim woman who commits musahaqah with a Muslim woman is guilty
7 Ibid.,
8 Ibid.,
4
imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes
(3) In this section, “musahaqah” means any physical activities between a woman
and another woman which would amount to sexual acts if it is done between a man
9 Ibid.,
5