Syariah Penal Code · s 96

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s 96Condition for person who commits qazaf and person liable to qazaf

(1)

A person who commits qazaf shall be a person who is a mukallaf.

(2)

A person liable to qazaf shall be a muhshan and if the person liable to qazaf is dead person, that person shall be ascertained.

Illustration

A made a statement that B is a child born out of wedlock. Here, A has committed qazaf against B’s mother. If B’s mother has died, A shall determine the name of B’s mother in his statement.

(3)

In this section, “muhshan” means a Muslim who is of sound mind and has attained the age of baligh, clear of zina, zina bil-jabar or liwat, capable of having sexual intercourse and such conditions shall remain until he is liable to the hadd punishment.