Syariah Penal Code · 2024 Revised Edition · Chapter III · Withdrawal of Syahadah
186. Withdrawal of syahadah after conviction, in cases of qisas and hadd other than zina, zina bil-jabar or liwat
Official textFrom Attorney General's Chambers, unchanged
In cases of qisas and hadd, except in cases of zina, zina bil-jabar or liwat, when a syahid withdraws his syahadah after the Court has passed its sentence and before execution of the punishment, the punishment of hadd or qisas shall not be executed and the syahid 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.
syahid
“syahid” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
In cases of hirabah and qatlul-’amd, when a syahid withdraws his syahadah after the Court has passed its sentence and the punishment has been executed, causing death to mahkum ‘alaihi, the syahid is guilty of an offence and liable on conviction to —
syahadah
“syahadah” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
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;
death as qisas, if the syahid confesses that he gives his syahadah with the intention to lie.
In cases of qatlu syibhil-’amd or qatlul-khata’, or cases punishable with qisas or hadd except in the case of zina, zina bil-jabar or
Syariah Penal Code liwat, when a syahid withdraws his syahadah after the Court has passed its sentence and the punishment has been executed, but did not cause the death of mahkum ‘alaihi, the syahid is guilty of an offence and liable on conviction to —
Court
“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both, if the syahid confesses that he gives his syahadah in good faith and he does not lie;
the same punishment sentenced for mahkum ‘alaihi as qisas or the payment of diyat or arsy according to the respective shares as specified by the Court, if the syahid confesses that he gives his syahadah with the intention to lie.
Terms defined in s 2
Court
Defined · s 2“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
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;