Syariah Penal Code · 2024 Revised Edition · Chapter I · Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad
76. Punishment for zina bil-jabar
Official textFrom Attorney General's Chambers, unchanged
Any person who commits zina bil-jabar and it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to
ikrar
“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
Hukum Syara’ other than the evidence of the victim after the Court is
Court
“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
Syariah Penal Code satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and liable on conviction to hadd punishment as follows —
tazkiyah al syuhud
“tazkiyah al syuhud” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
if he is muhshan, stoning to death witnessed by a group of
Muslims;
if he is ghairu muhshan, whipping with 100 strokes witnessed by a group of Muslims and to imprisonment for one year.
Any person who commits zina bil-jabar and it is proved by evidence other than that provided under subsection (1) is guilty of an offence and liable on conviction —
if he is muhshan, to imprisonment for a term not exceeding 30 years and whipping with not exceeding 40 strokes;
if he is ghairu muhshan, to imprisonment for a term not exceeding 15 years and whipping with not exceeding 20 strokes.
Terms defined in s 2
Court
Defined · s 2“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
ghairu muhshan
Defined · s 2“ghairu muhshan” means a person who is not married, or married but never had sexual intercourse in the marriage;
ikrar
Defined · s 2“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
muhshan
Defined · s 2“muhshan” means a legally married person and had sexual intercourse in the marriage;
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