Syariah Penal Code · s 20

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s 20Acts which are offences independently of harm caused to person consenting, are not within the exceptions in sections 16, 17 and 18

The exceptions in sections 16, 17 and 18 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Illustration

Causing miscarriage, unless caused in good faith for the purpose of saving the life of the woman, is an offence independently of any harm which it may cause, or be intended to cause, to the woman. Therefore, it is not an offence by reason of such harm, and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

Syariah Penal Code 28