Syariah Penal Code · 2024 Revised Edition · Chapter III · Withdrawal of Syahadah
189. Withdrawal of syahadah in cases liable to punishment other than hadd, qisas, diyat or arsy
Official textFrom Attorney General's Chambers, unchanged
When a syahid in cases liable to punishment other than hadd, qisas, diyat or arsy withdraws his syahadah —
syahid
“syahid” 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 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;
Court
“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
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 —
syahadah
“syahadah” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
Syariah Penal Code
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;
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.
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;