SYARIAH DRESS CODE A TOPIC OF BRUNEI'S DISCUSSION

Brunei-Muara, 2 Jumadil Akhir 1435/2 April 2014 (MINA) – Offences relating to clothing under the soon-to-be enforced Syariah Penal Code Order remain a popular topic of discussion among the wider public.

During a briefing on the new law at Rimba II Primary School yesterday, members of the audience sought further clarification on the cross-dressing offence and whether Muslim women could be charged for not wearing a headscarf, The Brunei Times quoted by Mi’raj Islamic News Agency (MINA) as reporting.

Cross-dressing, referred to as a “man posing as woman or vice versa” under Section 198, is listed as a crime in the General Offences Chapter.

Any man who dresses and poses as a woman, or any woman who dresses and poses as a man in a public place without reasonable excuse will be fined up to $1,000, face imprisonment not exceeding three months or both.

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Meanwhile, cross-dressing in any public place for immoral purposes carries a maximum fine of $4,000, imprisonment for a term of up to one year or both.

One female member of the audience asked whether females would be guilty of the cross-dressing offence if they wore clothing that was considered “manly”, giving the example of females donning trousers while playing sports.

Hj Hardifadhillah Hj Mohd Salleh, special grade officer of Syariah law, explained that the cross-dressing offence only applied if the clothing was worn with the intent to imitate the opposite gender.

“There is a difference between a female who wears pants while playing sports and a female who wears pants with the intent to imitate the opposite gender. When a female wants to imitate the opposite gender, she also tries to behave like a male,” he said.

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In response to whether Muslim women could be charged for not wearing a headscarf, he emphasised there was no specific provision in the law that required females to wear a headscarf.

However, Hj Hardifadhillah said in a previous briefing that wearing indecent clothing was a crime in the Syariah Penal Code Order. Under Section 197 in the General Offences Chapter, both Muslims and non-Muslims can be punished for donning indecent clothing in public. No known guidelines have been produced to define indecent clothing, but offenders can still be charged when the new law comes into effect on April 22.

The section titled Indecent Behaviour states that any person who commits an act of indecent behaviour in a public place is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding six months or both. An act is deemed indecent if it tarnishes the image of Islam, corrupts moral standards, has a negative influence or upsets onlookers.

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Anyone who organises, persuades or encourages others to commit any act of indecent behaviour is also guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding two years or both.

Over 400 personnel from government primary schools in the Brunei II(A), III and IV zones attended the briefing yesterday. (T/P09/P04).

Mi’raj Islamic News Agency (MINA)