TECHNICAL ISSUES IN SARIQAH UNDER THE BRUNEI SHARIAH PENAL CODE ORDER, 2013: A COMPARATIVE ANALYSIS WITH THEFT UNDER THE BRUNEI PENAL CODE CHAPTER 22

Abstract

The research analyzed the technical issues in sariqah under the Brunei Shariah Penal Code Order, 2013 using the qualitative legal-library based method. These technical issues revolve around two main aspects: the ingredient of surreptitious taking and the special and essential condition where the taking must be done literally from the possession of the owner of the property. In order to properly understand these technical issues, the researcher examined the ingredients of both sariqah under the Brunei Shariah Penal Code Order, 2013 and theft under the Brunei Penal Code Chapter 22. At the same time, the special and essential condition of both sariqah under the Brunei Shariah Penal Code Order, 2013 and theft under the Brunei Penal Code Chapter 22 was studied. It was found that both ingredient and the special and essential condition must be fulfilled before an alleged theft can be charged and be convicted with any of those two offences. In other words, the non-fulfilment of this ingredient and the special and essential condition will make it legally impractical to charge a person accused of committing sariqah under the Brunei Shariah Penal Code Order, 2013 and theft under the Brunei Penal Code Chapter 22. Alternatively, it is still important to understand the general conditions which determine the punishment despite having no significance in determining the charge and conviction of sariqah under the Brunei Shariah Penal Code Order, 2013 and theft under the Brunei Penal Code Chapter 22.