BRUNEI DARUSSALAM GOVERNMENT GAZETTE
the same meanings assigned thereto respectively to the extent that they do not conflict with Hukum Syara'.
(3) If any conflict or doubt arises when interpreting any word or expression relating to Hukum Syara' it shall be the discretion of the Court to decide the meaning of such word or expression.
(4) For the avoidance of doubt as to the identity or interpretation of any word and expression used in this Order that is listed in the First Schedule, reference may be made to the form in Arabic script with respect to the word and expression shown against it in the Schedule.
Application.
3. (1) Save as otherwise expressly provided therein, this Order shall apply to Muslims and non-Muslims.
(2) Every person shall be liable to punishment under this Order, and not otherwise, for every act or omission contrary to the provisions thereof of which he shall be guilty within Brunei Darussalam.
(3) Any person liable to be tried for an offence under this Order committed outside Brunei Darussalam shall be dealt with according to the provisions of this Order for any act committed outside Brunei Darussalam in the same manner as if such act had been committed within Brunei Darussalam.
(4) For the avoidance of any doubt, it is hereby declared that no court other than a Court established under Part II of the Syariah Courts Act (Chapter 184) shall have jurisdiction to hear or determine any claims or proceedings which relates to any matter arising in this Order.
Criterion for deciding whether person is Muslim.
4. If for the purposes of this Order any question arises as to whether a person is a Muslim, that question shall be decided according to the criterion of general reputation, without making any attempt to question the faith, belief, conduct, behaviour, character or act of disobedience of that person.
Saving of prerogative.
5. Nothing contained herein shall derogate from or affect the prerogative rights and powers of His Majesty the Sultan and Yang Di-Pertuan as the Head of the official religion of Brunei Darussalam.
