Skip to content
Back to the text

Syariah Penal Code · s 189

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 189Withdrawal of syahadah in cases liable to punishment other than hadd, qisas, diyat or arsy

When a syahid in cases liable to punishment other than hadd, qisas, diyat or arsy withdraws his syahadah —

(a)

after the Court has made the conviction and passed sentence but the punishment has not been executed, the withdrawal of such syahadah is acceptable and the punishment shall not be executed and the syahid who withdraws his syahadah is guilty of an offence and liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 6 months or both;

(b)

after the Court has made the conviction and passed sentence and the punishment is being executed, the withdrawal of such syahadah is acceptable and the Court shall forthwith cease or suspend the execution of the punishment and shall refer the case to a superior Court for revision, and if —

Syariah Penal Code

(i)

it is found that no conviction is made, mahkum ‘alaihi shall be released and the syahid who withdraws his syahadah is guilty of an offence and liable on conviction to a fine not exceeding $8,000 or imprisonment for a term not exceeding 2 years, and is liable to pay of damages for the loss incurred by the mahkum ‘alaihi, if any, according to the respective shares as the Court thinks reasonable;

(ii)

it is found that the conviction is made, the punishment shall be upheld and the syahid who withdraws his syahadah is guilty of an offence and liable on conviction to a fine not exceeding $8,000 or imprisonment for a term not exceeding 2 years.