SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 559 SYARIAH CRIMINAL OFFENCES(FEDERAL TERRITORIES) ACT 1997 As at 1 January 2013 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 REPRINTS First Reprint ...... ... ... ... 2002 Second Reprint ... ... ... ... ... 2006 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 5. Propagation of religious doctrines, etc. 6. False claim PART III OFFENCES RELATING TO THE SANCTITY OF THE RELIGION OF ISLAM AND ITS INSTITUTION 7. Insulting, or bringing into contempt, etc., the religion of Islam 8. Deriding, etc., Quranic verses or Hadith 9. Contempt or defiance of religious authorities 10. Defiance of Court order 11. Religious teaching without tauliah 12. Opinion contrary to fatwa 13. Religious publication contrary to Islamic Law 14. Failure to perform Friday prayers 15. Disrespect for Ramadhan 4 Laws of Malaysia ACT 559 Section 16. Non-payment of zakat or fitrah 17. Instigating neglect of religious duty 18. Gambling 19. Intoxicating drinks PARTIV OFFENCES RELATING TO DECENCY 20. Incest 21. Prostitution 22. Muncikari 23. Sexual intercourse out of wedlock 24. An act preparatory to sexual intercourse out of wedlock 25. Liwat 26. Musahaqah 27. Khalwat 28. Male person posing as woman 29. Indecent acts in public place PART V MISCELLANEOUS OFFENCES 30. Giving false evidence, information or statement 31. Takfir 32. Destroying or defiling mosque, surau, etc. 33. Collection of zakat or fitrah without authority 34. Illegal payment of zakat or fitrah 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 Syariah Criminal Offences (Federal Territories) 5 Section 41. Qazaf 42. Abuses of halal sign PART VI ABETMENT AND ATTEMPT 43. Abetment 44. Abetment in the FederalTerritories Federal Territories of offences outside the 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 51. Act of child who is not baligh 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 rehabilitationcentre commit convicted person to an 56. Power of Court to commit female offender to an approved home 57. Repeal 58. Amendment of section 164 of the Enactment SCHEDULE approved 7 LAWS OF MALAYSIA Act 559 SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997 An Act to provide for Syariah criminal offences, and mattersrelating 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 PadukaBaginda Yang diPertuanAgong with the advice and consent of the Dewan Negara andDewan Rakyat in Parliament assembled, and by the authority ofthe 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 suchdate as the Yang di-PertuanAgong may, by notification in theGazette, 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 ofPutrajaya (Extension and Modification of Syariah Criminal Offences (Federal Territories) Act1997) 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 assuch under section 54; “approved rehabilitation centre” means institutionappointed as such under section 54; any place or “baligh” means having attained the age of puberty according toIslamic Law; “Court” means the Syariah Subordinate Court, the Syariah HighCourt, or the Syariah Appeal Court, as the case may be, constitutedunder section 40 of the Administration Act; “Enactment” means the Administration of Muslim LawEnactment 1952 of the State of Selangor [Selangor Enactment 3of 1952]— (a) in relation to the Federal Territory of Kuala Lumpur, asmodified by the Federal Territory (Modification ofAdministration of Muslim Law Enactment) Orders 1974[P.U. (A) 44 of 1974], 1981 [P.U. (A) 390 of 1981] and1988 [P.U. (A) 263 of 1988] made pursuant to subsection6(4) of the Constitution (Amendment) (No. 2) Act 1973[Act A206] and in force in the Federal Territory of KualaLumpur by virtue of subsection 6(1) of that Act and theAdministration of Muslim Law (Amendment) Act 1984[Act A576]; and (b) in relation to the Federal Territory of Labuan, as modifiedand extended by the Federal Territory of Labuan(Modification and Extension of Administration of MuslimLaw Enactment) Order 1985 [P.U. (A) 352 of 1985] madepursuant to section 7 of the Constitution (Amendment)(No. 2) Act 1984 [Act A585]; “fatwa” means any theAdministration Act; fatwa made under section 34 of Syariah Criminal Offences (Federal Territories) 9 “Federal Territories” means the Federal Territories of Kuala Lumpur and Labuan; “incest” means sexual intercourse between a man and a womanwho are prohibited from marrying each other under Islamic Law; “Islamic Law” means recognizedmazhab; Islamic Law according to any “Judge” means a judge of the Syariah Appeal Court, the SyariahHigh Court, and the Syariah Subordinate Court appointed undersections 41, 42 and 43 respectively, of the Administration Act; “li’an” means an allegation made by a man under oath in accordancewith Islamic Law that his wife has committed zina; “liwat” means sexual relations between male persons; “Majlis” means the Majlis Agama Islam Wilayah Persekutuanestablished under subsection 4(1) of the Administration Act; “Mufti” means the person appointed to be the Mufti for theFederal Territories under section 32 of the Administration Act,and includes the Deputy Mufti; “muncikari” means a person who acts as a procurer between afemale and male person for any purpose which is contrary toIslamic 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 womanout of wedlock. (2) All words and expressions used in this Act and not hereindefined but defined in the Interpretation Acts 1948 and 1967 [Act388] shall have the meanings thereby assigned to them respectivelyto the extent that such meanings do not conflict with Islamic Law. 10 Laws of Malaysia ACT 559 (3) For the avoidance of doubt as to the identity or interpretationof the words and expressions used in this Act that are listed in theSchedule, reference may be made to the Arabic script for thosewords and expressions as shown against them therein. PART II OFFENCES RELATING TO ‘AQIDAH Wrongful worship 3. (1) Any person who worships nature or does any act whichshows worship or reverence of any person, animal, place or thingin any manner contrary to Islamic Law shall be guilty of an offenceand shall on conviction be liable to a fine not exceeding threethousand ringgit or to imprisonment for a term not exceeding twoyears or to both. (2) The Court may order that any device, object or thing usedin the commission of or related to the offence referred to insubsection (1) be forfeited and destroyed, notwithstanding that noperson may have been convicted of such offence. False doctrine 4. (1) Any person who teaches or expounds in any place, whetherprivate or public, any doctrine or performs any ceremony or actrelating to the religion of Islam shall, if such doctrine or ceremonyor act is contrary to Islamic Law or any fatwa for the time beingin force in the Federal Territories, be guilty of an offence and shallon conviction be liable to a fine not exceeding five thousandringgit or to imprisonment for a term not exceeding three yearsor to whipping not exceeding six strokes or to any combinationthereof. (2) The Court may order that any document or thing used in thecommission of or related to the offence referred to in subsection(1) be forfeited and destroyed, notwithstanding that no person mayhave been convicted of such offence. Syariah Criminal Offences (Federal Territories) 11 Propagation of religious doctrines, etc. 5. Any person who propagates religious doctrines or beliefs otherthan the religious doctrines or beliefs of the religion of Islamamong persons professing the Islamic faith shall be guilty of anoffence and shall on conviction be liable to a fine not exceedingthree thousand ringgit or to imprisonment for a term not exceedingtwo years or to both. False claim 6. Any person who— (a) declares himself or any other person a prophet, ImamMahadi or wali; or (b) states or claims that he or some other person knows ofunnatural happenings, such declaration, statement or claim being false and contrary tothe teachings of Islam, shall be guilty of an offence and shall onconviction be liable to a fine not exceeding five thousand ringgitor to imprisonment for a term not exceeding three years or to both. 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. Any person who orally or in writing or by visible representationor in any other manner— (a) insults or brings into contempt the religion of Islam; (b) derides, apes or ridicules the practices or ceremoniesrelating to the religion of Islam; or 12 Laws of Malaysia ACT 559 (c) degrades or brings into contempt any law relating to thereligion of Islam for the time being in force in the FederalTerritories, shall be guilty of an offence and shall on conviction be liable toa fine not exceeding three thousand ringgit or to imprisonment fora term not exceeding two years or to both. Deriding, etc., Quranic verses or Hadith 8. Any person who, by his words or acts, derides, insults, ridiculesor brings into contempt the verses of Al-Quran or Hadith shall beguilty of an offence and shall on conviction be liable to a fine notexceeding five thousand ringgit or to imprisonment for a term notexceeding three years or to both. Contempt or defiance of religious authorities 9. Any person who acts in contempt of religious authority ordefies, disobeys or disputes the orders or directions of the YangdiPertuanAgong as the Head of the religion of Islam, the Majlisor the Mufti, expressed or given by way of fatwa, shall be guiltyof an offence and shall on conviction be liable to a fine notexceeding three thousand ringgit or to imprisonment for a term notexceeding two years or to both. Defiance of Court order 10. Any person who defies, disobeys, disputes, degrades, bringsinto contempt any order of a Judge or Court shall be guilty of anoffence and shall on conviction be liable to a fine not exceedingthree thousand ringgit or to imprisonment for a term not exceedingtwo years or to both. Religious teaching without tauliah 11. (1) Any person who teaches or professes to teach any matterrelating to the religion of Islam without a tauliah granted undersec