Syariah law is perfect, applicable to all mankind
BANDAR SERI BEGAWAN
THE strong unity and support from all Bruneians is the main factor that will contribute to the success of Syariah Penal Code implementation in the country.
This was stated by imams throughout the country in a sermon yesterday.
Despite being a small country, Brunei Darussalam is more than capable of implementing the law due to its resources and availability of manpower.
“Syariah law is based upon the commandments of Allah SWT for all human beings. While most of those (constituting) civil law comes from the west and manmade. Hence, the differences between these two laws are distinct,” the imams said.
The sermon compared the differences between Syariah and civil laws.
Syariah law is deemed perfect, comprehensive and applicable to all mankind, regardless of time and place, as the creator of the law is Allah SWT, the One and Only. Conclusively, the law is flawless compared to civil law which is manmade. Manmade laws are observed to be inconsistent and varied from time to time.
Imams mentioned that one of the constituents of Syariah law, which is qisas (retaliation), has never changed and will never change.
As an example of the ever-changing manmade laws, imams used the situation in some countries where marriage between homosexual couples has been recently legalised where previously it was considered a crime.
This is contradictory in Syariah law, as Allah SWT has condemned this group since the age of people of Lut, and its perpetrators will be sentenced to penalties as underlined in the penal code.
The law of Allah SWT also acts as a preventive measure to help combat other social issues such as adultery and alcoholism. Adultery cases require four just witnesses, and their testimonies must not contradict with each other in order for the accusation to be valid.
This is another difference where in civil law, witnesses can be anybody, and is limited to just punishing criminals for their actions.
The punishments under the Syariah Penal Code, on the other hand, serve as an awareness and education tool to both the offender and the public.
Contrary to civil law, Syariah law encourages repentance and reconciliation.
“The Syariah law is also based on the concept of Amar Ma’ruf Nahi Mungkar (principles of inviting people to good and preventing them from doing bad). So believe that by this concept it will reduce crime rates.” Another comparison the imams made was the difference of flogging between Syariah law and civil law in terms of its execution. The lashing penalty in the former will result in humiliation or lifelong affliction. Whereas in Syariah law, the penalty is seen to nurture and educate not for the convicted alone but the public as well. The public have been encouraged to deepen their knowledge and understanding of Syariah law concepts which constitutes the Islamic law.
The Brunei Times