Syariah Courts Criminal Procedure Code · s 173

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173.
Additional procedures on execution of stoning
(1) Without prejudice to the provisions of section 172, the sentence of stoning shall be executed according to the following procedures -
(a) the stoning shall be executed in an open area;
(b) the stones used during the stoning shall be the size of a fist;
(c) the offender shall wear clothes that covers the aurat;
(d) the officer in charge of prison shall ensure that there is no disturbance during the execution of the stoning;
(e) the offender shall be standing without being tied, whether his offence is proved by the syahadah of four syahid or by his own ikrar;
If) the persons present during the execution of sentence shall commence the stoning on the offender from all sides and in the course of the stoning, the offender may be shot to death by an officer appointed by the Director of Prisons upon the order of the Syar'ie
Judge present;
(g) where the offence of the offender is proved by the syahadah of four syahid and he tries to escape at the time when he is undergoing the sentence of stoning, he shall be detained and the sentence of stoning shall be resumed and he may be shot to death;

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Criminal Procedure Code
(h) where the offence of the offender is proved by his own ikrar and he withdraws his ikrar or tries to escape at the time when he is undergoing the sentence of stoning, he shall be considered to have withdrawn his ibur and the sentence of stoning shall forthwith cease;
(i) where the offence of the offender is proved by the syahadah of four syahid and one of the syahid withdraws his evidence when the offender is undergoing the sentence of stoning. the sentence of stoning shall forthwith cease.
(2) Where the sentence of stoning ceases under subsection (1)(11)
or (i), the Syariah Court may -
(a) pass sentence on the offender for any other offence if there is sufficient evidence for that purpose; or
(b) make an order of acquittal of sentence on the offender.
(3) An offender in respect of whom subsection (2) applies shall continue to be detained in custody pending the determination of the Syariah
Court.

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s 173Additional procedures on execution of stoning

(1)

Without prejudice to the provisions of section 172, the sentence of stoning shall be executed according to the following procedures -

(a)

the stoning shall be executed in an open area;

(b)

the stones used during the stoning shall be the size of a fist;

(c)

the offender shall wear clothes that covers the aurat;

(d)

the officer in charge of prison shall ensure that there is no disturbance during the execution of the stoning;

(e)

the offender shall be standing without being tied, whether his offence is proved by the syahadah of four syahid or by his own ikrar;

If) the persons present during the execution of sentence shall commence the stoning on the offender from all sides and in the course of the stoning, the offender may be shot to death by an officer appointed by the Director of Prisons upon the order of the Syar'ie

Judge present;

(g)

where the offence of the offender is proved by the syahadah of four syahid and he tries to escape at the time when he is undergoing the sentence of stoning, he shall be detained and the sentence of stoning shall be resumed and he may be shot to death;

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Criminal Procedure Code

(h)

where the offence of the offender is proved by his own ikrar and he withdraws his ikrar or tries to escape at the time when he is undergoing the sentence of stoning, he shall be considered to have withdrawn his ibur and the sentence of stoning shall forthwith cease;

(i)

where the offence of the offender is proved by the syahadah of four syahid and one of the syahid withdraws his evidence when the offender is undergoing the sentence of stoning. the sentence of stoning shall forthwith cease.

(2)

Where the sentence of stoning ceases under subsection (1)(11)

or (i), the Syariah Court may -

(a)

pass sentence on the offender for any other offence if there is sufficient evidence for that purpose; or

(b)

make an order of acquittal of sentence on the offender.

(3)

An offender in respect of whom subsection (2) applies shall continue to be detained in custody pending the determination of the Syariah

Court.