Skip to content
Back to the text

Syariah Penal Code · s 185

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?

The text as we hold it

Open the official text

s 185Withdrawal of syahadah in mal case after order or judgment made

When syahid in a mal case withdraws his syahadah after order or judgment is made by the Court, whether or not the order or judgment has been executed, the withdrawal is invalid and such syahid is guilty of an offence and liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months, and pay damages for the loss incurred by mahkum ‘alaihi, if any, according to their respective shares.

Explanation 1 — If both syahid withdraw their syahadah, the payment of damages to mahkum ‘alaihi is divided into two between themselves and if

Syariah Penal Code 92

only one syahid withdraws his syahadah, he shall pay damages of one-half of the loss incurred by mahkum ‘alaihi.

Explanation 2 — If there are four syahid, two of them withdraw their syahadah, they are not liable. If three of the four syahid withdraw their syahadah, they shall pay damages of one-half of the loss incurred by mahkum ‘alaihi.

Explanation 3 — If the syahid consist of a male and two females, one of the female syahid withdraws her syahadah, she shall pay damages of one-fourth of the loss incurred by mahkum ‘alaihi, and if both female syahid withdraw their syahadah, they shall pay damages of one-half of the loss incurred by mahkum ‘alaihi, and if the male syahid withdraws his syahadah, he shall pay damages of one-half of the loss incurred by mahkum ‘alaihi.

Explanation 4 — If the syahid consist of a male and more than two females, all the female syahid withdraw their syahadah, they shall pay damages of one-half of the loss incurred by mahkum ‘alaihi.