Syariah Penal Code · 2024 Revised Edition · Chapter I · Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad
104. Drinking etc. liquor or intoxicating drinks
Official textFrom Attorney General's Chambers, unchanged
Any Muslim who drinks liquor or any intoxicating drinks is guilty of an offence and liable on conviction to hadd punishment to whipping with 40 strokes, whipping with 80 strokes for a second offence and whipping with 80 strokes and imprisonment for a term not exceeding 2 years for a third or subsequent offence.
Any Muslim who drinks liquor or any intoxicating drinks liable to hadd punishment is proved either by ikrar of the accused, or by syahadah of at least two syahid according to Hukum Syara’ other than the evidence of the accused after the Court is satisfied having regard to the requirements of tazkiyah al syuhud.
ikrar
“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
Any Muslim who —
drinks liquor or any intoxicating drink and it is proved by evidence other than that provided under subsection (2); or
consumes liquor or any intoxicating drink, is guilty of an offence and liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both, and for the second or subsequent offence, to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Explanation — A person who drinks or eats, drinks or food, into which liquor or any intoxicating drink has been mixed or added is said to consume liquor or any intoxicating drink.
Any Muslim who makes, sells, advertises, serves, offers, gives as present, exhibits, owns, keeps, buys or possesses any liquor or intoxicating drink 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.
Any non-Muslim who drinks liquor or any intoxicating drink in public place 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.
Syariah Penal Code 64
Any non-Muslim who sells, advertises, serves, offers, gives as present or exhibits any liquor or intoxicating drink to a Muslim 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.
Terms defined in s 2
Court
Defined · s 2“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
ikrar
Defined · s 2“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
syahadah
Defined · s 2“syahadah” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
syahid
Defined · s 2“syahid” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
tazkiyah al syuhud
Defined · s 2“tazkiyah al syuhud” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
Chapter II
Qatl and Causing Hurt
Chapter III
Withdrawal of Syahadah
Chapter IV
General Offences
Part