His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam has given his consent for the Syariah Criminal Penal Code Order to be implemented in this country.

In the titah delivered at the Balai Singgahsana of the Istana Nurul Iman, His Majesty said, "In conjunction with my 66th birthday anniversary celebration and with all the blessings that would free all of us, especially the ruler, from being asked by Allah in the days of the hereafter and after reviewing and seeking advice from the body concerned, I am pleased to give consent for the Syariah Criminal Penal Code Order to be implemented in this country.

"However, Civil Law or Ta'zir or resembling Ta'zir would also continue to be used in accordance to the needs."

The monarch recently called members of the Brunei Islamic Religious Council (MUIB) to convene a special meeting regarding the drafting of the Syariah Penal Code. It was held at the Istana Nurul Iman.

His Majesty's call to convene the special meeting was a proactive measure taken by the monarch as a follow-up to a number of meetings that were held last year.

Last year, His Majesty posed a question with regards to the establishment of Islamic Criminal Law during a meeting with the Brunei Islamic Religious Council, Syariah officials and the Attorney General's Chambers.

"What else are we waiting for?" His Majesty asked.

The monarch urged the authorities to not delay, with Brunei now having the resources at its disposal.

"We have the (Syariah) Court building in its grandeur, intellectuals and experts are also in abundance, and the country is independent. What more are we waiting for?" quizzed His Majesty.

The monarch added that Syariah judges, headed by the Chief Syari'e Judge, are also available and well qualified, compared to the era of the 1950s and 60s, when Pehin Khatibs were also utilised as stand-in Syari'e judges or as aides to Syari'e judges.

His Majesty highlighted that His Majesty had raised the issue of establishing a Syariah Court to the highest level, to shoulder the responsibility of not only administering family law, but also at the appropriate time to introduce the Islamic Criminal Act during His Majesty's 50th birthday celebrations in 1996.

"At that point in time, people's focus was on the appropriate time (to implement), and there were all kinds of timeframes that were mentioned... there were some that said 10 years, others eight years," His Majesty said in the titah.

The monarch was critical of how much time had elapsed and more so of excuses made to delay or put off the Syariah Law initiatives.

"Fifteen years have since passed, and there are still some that would say, "We are not ready," "We are still unable to" and "There is still much to do" and that preparations would require another five or eight years and so on.

"After that (five to eight years) there will be others who will immediately say we require a further five to eight years.

"If that is the case, when will the additional timeframes mentioned end?" His Majesty asked.

The monarch pressed further and questioned how Brunei sees itself in the context of progress in the field of Islamic Law.

"Do we still see ourselves as if we are in the era of the 50s or the 60s?

"Have we forgotten that we have borrowed the expertise of law from abroad for a long time? How long? 20 years (to be exact). Couldn't we have, in that time, concluded the establishment of one act of Islamic Law?

"I am certain that if we wanted to implement the laws of Allah the Almighty, it is not impossible to be carried out," the monarch said in the titah.

His Majesty advised that if Brunei is unable to do so, "then carry out what we are able to do so in a gradual manner," with cases that can be heard in the Syariah Court.

His Majesty used the example of cases of individuals caught consuming alcoholic beverages.

"Those who are caught drinking alcohol or drinks that intoxicate, if there is enough evidence, why not carry out the law of Allah?

"If there is not enough evidence or something that prevents a Syariah ruling then the case can be linked to the original case and judged with ta'zir," the ruler said.

His Majesty gave a mandate for all relevant agencies to work collectively in order to realise the introduction of the Islamic Criminal Law.

"Cooperation is required in all aspects, from the legislation to judiciary aspects," His Majesty said.

The monarch also advised that cases should be evaluated in order for them to be tried in the appropriate court.

"A panel of evaluators is manned by the right authorities - the Ministry of Religious Affairs, the Attorney General, MUIB and so on.

"The meaning of cooperation, in this regard, requires representatives from the Civil Court as well, and an act for the evaluation panel can be drafted by the Attorney General's Chambers.

"To simplify it, both the Civil Court and the Syariah Court can run parallel without affecting one or the other. This is the uniqueness of Brunei. May Allah bless us with peace, prosperity and justice," His Majesty said in the titah. - Borneo Bulletin (16 July 2012)