Section 120
Person tried before Syariah High Court
of Syariah Courts Criminal Procedure Code
All charges on which persons are tried in Brunei Darussalam before the Syariah High Court shall be brought in the name of the Chief Syar'ie
Prosecutor.
'an
Li 'an 121.
(1)
Where a husband accuses his wife of zina, the Syariah Court shall order him to take an oath of li'an against his wife, and the wife shall also take an oath of li 'an to reject the accusation of zina by the husband.
(2)
An oath of li 'an shall be made before the Syariah Court by uttering the following words -
(a)
the husband who makes the accusation shall repeat four times consecutively the followiilg utterance -
"Allah is my witness that I speak the truth that I am accusing my wife (name of wife) has committed zina.";
(b)
when he has completed repeating those words as contained in paragraph (a) four times, he shall make the fifth utterance by saying -
Syariah Courts
Criminal Procedure Code
CAP. 224 81
"The curse of Allah shall fall on me if I have lied.";
(c)
to reject the accusation, the wife shall also repeat four times coilsecutively the following utterance -
"Allah is my witness that my husband (name of husband)
had lied in making this accusation of zina against me.";
(d)
when she has completed repeating those words as contained in paragraph (c) four times, she shall make the fifth utterance by saying -
"The wrath of Allah shall fall on me if my husband has spoken the truth.";
(e)
where the wife has given birth or is pregnant as a consequence of the zina alleged by the husband. the husband shall deny being the father of the child by adding to the words in paragraph (a), and his wife shall reject her husband's denial by adding to the words in paragraph (c),which each must be repeated four times, the following utterance -
(i)
if the child is born, the husband shall utter the following -
"That this child is a child of zina and not from my descendant.". the wife replies -
"And this child is his child and not a child of zina.";
(ii)
if the child is not born, the husband shall utter the following -
"That what is being carried by my wife is a child of zina and not from my descendant.". the wife replies -
"And what I carry is his child and not a child of zina.".
(3)
When both husband and wife goes through an oath of li'an, no prosecution can be conducted against both the husband for qazafand the wife for zina.
Syariah Courts 82
Crilwinal Procedure Code
Trials of offences punishable with death and certain ofences under jurisdiction o f Syariah High Court