Syariah Penal Code · 2024 Revised Edition · Chapter III · Withdrawal of Syahadah
187. Withdrawal of syahadah in case of zina, zina bil-jabar or liwat
Official textFrom Attorney General's Chambers, unchanged
When some or all the syahid in the case of zina, zina bil-jabar or liwat withdraw their syahadah before the Court makes the conviction, the withdrawal of such syahadah shall be accepted and the Court shall not make such syahadah as proof to convict the offence and such syahid is guilty of an offence and liable on conviction to whipping with 80 strokes for committing qazaf.
syahid
“syahid” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
When some or all the syahid withdraw their syahadah —
syahadah
“syahadah” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
after the Court has made the conviction and the punishment has not been executed, the withdrawal of such syahadah has shall cause the punishment not be executed and such syahid is guilty of an offence and liable on conviction to whipping with 80 strokes for committing qazaf;
after the Court has made the conviction and the punishment of whipping has been executed, such syahid is guilty of an offence and liable on conviction to whipping with 80 strokes for committing qazaf, a fine not exceeding $4,000 and payment of arsy for hurt to mahkum ‘alaihi, if any, according to the respective shares as specified by the Court.
When some or all the syahid withdraw their syahadah after the
Court has made the conviction and the punishment of stoning has been executed, causing death to mahkum ‘alaihi, such 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;
Syariah Penal Code 94
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.
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;