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Syariah Courts Criminal Procedure Code · s 179

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s 179Sentence of whipping

The sentence of whipping shall be executed in accordance with the following procedures -

(a)

the whipping rod, excluding its holder, shall be of the same type and made either from rattan or small branch of a tree without segment or joint and its length shall not exceed 1.22 metres and its diameter shall not exceed 1.25 centimetres as prescribed in

Schedule 5;

(b)

the diameter of the whipping rod for female or non-mukallaf offenders shall be less than as specified in paragraph (a);

(c)

before the execution of the sentence. the offender shall be examined by the medical officer to certify that the offender is in a fit state of health to undergo the sentence;

(d)

the whipping sentence shall be excecuted by an officer of the same gender as the offender with strict regard to decency;

(e)

the officer executing the sentence shall use the whipping rod with moderate force without lifting his hand over his head so as not to break the bones or cut the skin of the offender as shown in

Schedule 6:

,"j after inflicting each stroke, the officer executing the sentence shall lift the whipping rod upwards and not pull it as shown in Schedule 6;

(g)

the whipping may be inflicted on all parts of the body except the face, head, stomach, chest or private parts;

(h)

the offender shall wear clothes according to Hukum Syara ';

(i)

the whipping shall be inflicted when the offender is standing;

0)

the sentence of whipping shall be executed as soon as practicable after the expiration of 14 days or 30 days, as the case may be, from the date of the sentence passed, or in the case of an appeal, as soon as practicable after the receipt of the order of the appellate Court confirming the sentence;

Syariah Courts

Criminal Procedure Code

CAP. 224 113

(k)

where the offender is sentenced to whipping only, he shall be dealt with as if he has been sentenced to imprisonment until the sentence of whipping is executed;

(I)

if the medical oficer certifies that the offender, due to illness or any other reason, is unable to undergo the sentence of whipping wholly or partly, the case shall be referred to the Syar'ie Judge who may order the execution of the sentence in a manner permissible by

Hukum Syara ', taking into account the type of whipping rod used.