Syariah Penal Code · s 87

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s 87Withdrawal of evidence in cases of zina, zina bil-jabar or liwat

(1)

If a syahid withdraws his evidence before the execution of hadd punishment on the accused, the accused shall cease to be liable to such punishment and if it is withdrawn at the time when the accused is undergoing the punishment, the punishment shall forthwith cease.

(2)

In the case of zina, zina bil-jabar or liwat, where a syahid —

(a)

declines to give evidence;

(b)

gives evidence contrary to the charge;

(c)

gives evidence in support of the charge but subsequently withdraws such evidence; or

(d)

is disabled according to Hukum Syara’, and by reasons mentioned in paragraph (a), (b), (c) or (d) or other reasons, the number of syahid in support of the charge becomes less than four, the charge of zina, zina bil-jabar or liwat against the accused shall remain unproved and the accused shall cease to be liable to hadd punishment, but may be punishable with the punishment as provided under section 69(2),

69(4) or 76(2).