Syariah Penal Code · 2024 Revised Edition · Chapter I · Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad
55. Punishment for sariqah
Official textFrom Attorney General's Chambers, unchanged
Any person who commits sariqah, where the value of the property amounts to or exceeds nisab and the sariqah is proved either by ikrar of the accused or by syahadah of at least two syahid in accordance with
property
“property” includes all estates, interests, easements and rights, whether equitable or legal, in, to or out of, property and things in action;
Hukum Syara’ other than the victim’s evidence, after the Court is satisfied having regard to the requirements of tazkiyah al syuhud is guilty of an offence and liable on conviction to hadd punishment as follows —
Court
“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
for a first offence, amputation of his right hand from the joint of the wrist;
for a second offence, amputation of his left foot up to the ankle; and
for a third or subsequent offence, imprisonment for a term not exceeding 15 years.
Any mukallaf who commits sariqah in a group and the aggregate value of the stolen property is such that, if the property is divided equally amongst such of them as have entered the hirz, each one of them gets a share which amounts to, or exceeds, the nisab, whether or not each one of them has moved the sariqah property or any part thereof and the sariqah is proved as provided under subsection (1) is guilty of an offence and liable on conviction to the same punishment as provided under subsection (1).
mukallaf
“mukallaf” means a person who has attained the age of 15 years qamariah and of sound mind;
Any person who commits sariqah —
which is proved by evidence other than that provided under subsection (1); or
Syariah Penal Code
in any circumstances stated in sections 56 and 57, is guilty of an offence and liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both, and for the second or subsequent offence, to a fine not exceeding $56,000, imprisonment for a term not exceeding 14 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;
mukallaf
Defined · s 2“mukallaf” means a person who has attained the age of 15 years qamariah and of sound mind;
property
Defined · s 2“property” includes all estates, interests, easements and rights, whether equitable or legal, in, to or out of, property and things in action;
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