Syariah Penal Code · 2024 Revised Edition · Chapter I · Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad
98. Punishment for qazaf
Official textFrom Attorney General's Chambers, unchanged
Any person who commits qazaf and it is proved either by his ikrar, or by syahadah of at least two syahid according to Hukum Syara’ other than the evidence of the victim 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 to whipping with 80 strokes.
ikrar
“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
Any person who commits qazaf before the Court and fails to prove his qazaf is guilty of an offence and liable on conviction to hadd punishment to whipping with 80 strokes.
Court
“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
Illustration
A has committed qazaf against B and brought only one syahid to support his allegation.
syahid
“syahid” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
A has committed the offence under this section.
After a person has been convicted for the offence of qazaf liable to hadd punishment, his syahadah shall not be admissible in any Court until he repents.
syahadah
“syahadah” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
Syariah Penal Code
Any person who commits qazaf —
which is proved by evidence other than that provided under subsection (1);
where the person liable to qazaf does not fulfill the conditions provided under section 96; or
in cases mentioned under section 99, is guilty of an offence and liable on conviction to a fine not exceeding
$20,000, imprisonment for a term not exceeding 5 years, whipping not exceeding 40 strokes or a combination of any two of the punishments.
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;
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