Syariah Courts Criminal Procedure Code · s 117

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117.
Person charged with offence may be convicted of another
(1) Where a person is charged with an offence and facts are proved which constitute another offence, he may be convicted of that other offence although he was not charged with it.
A is charged with the offence of expounding any doctrine relating to the religion of Islam in manner contrary to Hukurn S'lara'. The facts show that A refers to or addresses any person other than the Holy Prophet Muhammad (Sallallahu 'Alaihi Wa Sallam) by the title
"Sallallahu 'Alaihi Wa Sallurn". A may be convicted for the offence of misuse of titles for
Muslims reserved for specific persons although he was not charged with the offence.

Sj~uriah Courts
Criminal Procedure Code
CAP. 224 79
•
(2) Where a person is charged with an offence which is to be proved either by ikrar or syahudah in accordance with Hukum Syara' and the offence is proved by evidence other than by ikrar or syahadah in accordance with Hukuln Syara ', he may be convicted of the offence which he is proved to have committed although he was not charged with it.
///us trat ions
(a) A is charged with the offence of sariqah under section 55(1) of the Syariah Penal
Code Order, 20 13 (S 69/20 13). Only the syahadah of one syahid is admitted in evidence by the Syariah Court. A may be convicted for the offence of sariqah punishable under section 55(3) of the Syariah Penal Code Order, 201 3 (S 691201 3) although he was not charged with it.
(6) B is charged with the offence of hirabah under section 63(1) of the Syariah Penal
Code Order, 201 3 (S 691201 3). During the trial, his ikrar was not admitted in evidence by the Syariah Court. The Syariah Court may convict him for the offence of hirabah under section 63(2) of the Syariah Penal Code Order, 201 3 (S 691201 3) if such offence is proved by other evidence although he was not charged with it.

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s 117Person charged with offence may be convicted of another

(1)

Where a person is charged with an offence and facts are proved which constitute another offence, he may be convicted of that other offence although he was not charged with it.

A is charged with the offence of expounding any doctrine relating to the religion of Islam in manner contrary to Hukurn S'lara'. The facts show that A refers to or addresses any person other than the Holy Prophet Muhammad (Sallallahu 'Alaihi Wa Sallam) by the title

"Sallallahu 'Alaihi Wa Sallurn". A may be convicted for the offence of misuse of titles for

Muslims reserved for specific persons although he was not charged with the offence.

Sj~uriah Courts

Criminal Procedure Code

CAP. 224 79

•

(2)

Where a person is charged with an offence which is to be proved either by ikrar or syahudah in accordance with Hukum Syara' and the offence is proved by evidence other than by ikrar or syahadah in accordance with Hukuln Syara ', he may be convicted of the offence which he is proved to have committed although he was not charged with it.

///us trat ions

(a)

A is charged with the offence of sariqah under section 55(1) of the Syariah Penal

Code Order, 20 13 (S 69/20 13). Only the syahadah of one syahid is admitted in evidence by the Syariah Court. A may be convicted for the offence of sariqah punishable under section 55(3) of the Syariah Penal Code Order, 201 3 (S 691201 3) although he was not charged with it.

(6)

B is charged with the offence of hirabah under section 63(1) of the Syariah Penal

Code Order, 201 3 (S 691201 3). During the trial, his ikrar was not admitted in evidence by the Syariah Court. The Syariah Court may convict him for the offence of hirabah under section 63(2) of the Syariah Penal Code Order, 201 3 (S 691201 3) if such offence is proved by other evidence although he was not charged with it.