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Chapter XI

178. Postponement of execution of sentence for pregnant woman

(1)

When a woman convicted of an offence punishable with had4

qisas, death or whipping is found to be pregnant, the Syariah Court shall postpone the execution of the sentence during the pregnancy and until 2

years after she gave birth and within that period the woman may be released on bail after she has given a surety to the satisfaction of the Syariah Court or, if the woman is not released, she shall be detained in a suitable place of detention.

Explanation -

For the purpose of subsection (I), "detained in a suitable place of detention" shall not constitute a sentence of imprisonment passed by the Syariah Court.

(2)

When a woman convicted of an offence punishable under subsection (1) is found to be pregnant and later miscarried, the Syariah Court shall postpone the execution of the sentence until the expiration of 105 days after she miscarried, and she is in good health to undergo the sentence.

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(3)

When a woman convicted of an offence punishable under subsection (1) alleges that she is pregnant, the matter shall be determined by a medical officer.

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