Syariah Penal Code · s 188

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188.
Withdrawal of syahadah ihshan by syahid
(1) When any syahid who has given his syahadah for conviction of zina, zina bil-jabar or liwat and at the same time he has also given syahadah ihshan, withdraws his syahadah ihshan at the time the punishment of stoning is being executed, the Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision.
If mahkum ‘alaihi is still alive —
(a) if mahkum ‘alaihi is found to be a ghairu muhshan, he is liable to whipping with 100 strokes and the syahid who withdraw his syahadah ihshan is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and liable to the payment of arsy for hurt to mahkum ‘alaihi, if any, according to the respective shares as specified by the Court;
(b) if mahkum ‘alaihi is found to be a muhshan, the punishment of stoning shall continue and the syahid who withdraw his syahadah ihshan is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Illustration
A and B have been convicted of zina with the syahadah of C, D, E and F. At the same time, C and D are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning. During the execution of the punishment, C withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision. C has committed an offence under this section.
(2) When syahadah zina, zina bil-jabar or liwat and syahadah ihshan is given by different syahid, and syahid ihshan or syahid zina, zina bil-jabar or liwat and syahid ihshan withdraw their syahadah at the time the punishment is being executed, the Court shall cease forthwith the execution of the punishment —

Syariah Penal Code
(a) if those who withdraw the syahadah ihshan are syahid ihshan, the Court shall refer such case to a superior Court for revision —
(i) if mahkum ‘alaihi is found to be a ghairu muhshan, he is liable to whipping with 100 strokes and the syahid ihshan who withdraw his syahadah ihshan is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and may also be liable to the payment of arsy for hurt to mahkum ‘alaihi, if any, according to the respective shares as specified by the
Court;
(ii) if mahkum ‘alaihi is found to be a muhshan, the punishment of stoning shall continue and the syahid ihshan who withdraw his syahadah is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both;
Illustration
A and B have been convicted of zina with the syahadah C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning.
During the execution of the punishment, G withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision. G has committed an offence under this section.
(b) if syahid zina, zina bil-jabar or liwat and syahid ihshan withdraw their syahadah, the syahid zina, zina bil-jabar or liwat who withdraw his syahadah is guilty of an offence and liable on conviction to whipping with 80 strokes for committing qazaf, and such syahid zina, zina bil-jabar or liwat and syahid ihshan is liable to a fine not exceeding $8,000, and may also be liable to the payment of arsy for hurt to mahkum ‘alaihi, if any, according to the respective shares as specified by the Court.
Illustration
A and B have been convicted of zina with the syahadah C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning.
During the execution of the punishment, C withdraws his syahadah zina and G withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment.
C and G have committed an offence under this section.

Syariah Penal Code 96
(3) When the withdrawal of syahadah zina, zina bil-jabar or liwat and syahadah ihshan is made at the time the punishment of stoning is being executed and mahkum ‘alaihi has died, those syahid who withdraw their syahadah is guilty of an offence and liable on conviction to —
(a) payment of diyat according to the respective shares as specified by the Court, if the syahid confesses that he gives his syahadah in good faith and he does not lie;
(b) death as qisas, if the syahid confesses that he gives his syahadah with the intention to lie.
Illustration
A and B has been convicted of zina with the syahadah of C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning.
C withdraws his syahadah zina and G withdraws his syahadah ihshan during the execution of the punishment, and A and B died. C and G have committed an offence under this section.
(4) In this section, “syahadah ihshan” means a true statement before the Court using the lafaz “asyhadu” to conclude that the accused is muhshan in case of zina, zina bil-jabar or liwat.

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s 188Withdrawal of syahadah ihshan by syahid

(1)

When any syahid who has given his syahadah for conviction of zina, zina bil-jabar or liwat and at the same time he has also given syahadah ihshan, withdraws his syahadah ihshan at the time the punishment of stoning is being executed, the Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision.

If mahkum ‘alaihi is still alive —

(a)

if mahkum ‘alaihi is found to be a ghairu muhshan, he is liable to whipping with 100 strokes and the syahid who withdraw his syahadah ihshan is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and liable to the payment of arsy for hurt to mahkum ‘alaihi, if any, according to the respective shares as specified by the Court;

(b)

if mahkum ‘alaihi is found to be a muhshan, the punishment of stoning shall continue and the syahid who withdraw his syahadah ihshan is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.

Illustration

A and B have been convicted of zina with the syahadah of C, D, E and F. At the same time, C and D are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning. During the execution of the punishment, C withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision. C has committed an offence under this section.

(2)

When syahadah zina, zina bil-jabar or liwat and syahadah ihshan is given by different syahid, and syahid ihshan or syahid zina, zina bil-jabar or liwat and syahid ihshan withdraw their syahadah at the time the punishment is being executed, the Court shall cease forthwith the execution of the punishment —

Syariah Penal Code

(a)

if those who withdraw the syahadah ihshan are syahid ihshan, the Court shall refer such case to a superior Court for revision —

(i)

if mahkum ‘alaihi is found to be a ghairu muhshan, he is liable to whipping with 100 strokes and the syahid ihshan who withdraw his syahadah ihshan is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and may also be liable to the payment of arsy for hurt to mahkum ‘alaihi, if any, according to the respective shares as specified by the

Court;

(ii)

if mahkum ‘alaihi is found to be a muhshan, the punishment of stoning shall continue and the syahid ihshan who withdraw his syahadah is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both;

Illustration

A and B have been convicted of zina with the syahadah C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning.

During the execution of the punishment, G withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision. G has committed an offence under this section.

(b)

if syahid zina, zina bil-jabar or liwat and syahid ihshan withdraw their syahadah, the syahid zina, zina bil-jabar or liwat who withdraw his syahadah is guilty of an offence and liable on conviction to whipping with 80 strokes for committing qazaf, and such syahid zina, zina bil-jabar or liwat and syahid ihshan is liable to a fine not exceeding $8,000, and may also be liable to the payment of arsy for hurt to mahkum ‘alaihi, if any, according to the respective shares as specified by the Court.

Illustration

A and B have been convicted of zina with the syahadah C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning.

During the execution of the punishment, C withdraws his syahadah zina and G withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment.

C and G have committed an offence under this section.

Syariah Penal Code 96

(3)

When the withdrawal of syahadah zina, zina bil-jabar or liwat and syahadah ihshan is made at the time the punishment of stoning is being executed and mahkum ‘alaihi has died, those syahid who withdraw their syahadah is guilty of an offence and liable on conviction to —

(a)

payment of diyat according to the respective shares as specified by the Court, if the syahid confesses that he gives his syahadah in good faith and he does not lie;

(b)

death as qisas, if the syahid confesses that he gives his syahadah with the intention to lie.

Illustration

A and B has been convicted of zina with the syahadah of C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning.

C withdraws his syahadah zina and G withdraws his syahadah ihshan during the execution of the punishment, and A and B died. C and G have committed an offence under this section.

(4)

In this section, “syahadah ihshan” means a true statement before the Court using the lafaz “asyhadu” to conclude that the accused is muhshan in case of zina, zina bil-jabar or liwat.