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In force2024 Revised Edition
Contents

Chapter I · Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad

99. Cases in which hadd punishment not imposed or enforced

(1)

Hadd punishment shall not be imposed for qazaf in any of the following cases —

(a)

a person has committed qazaf against any of his descendants;

(b)

the person who commits qazaf has died;

(c)

qazaf has been proved to be true.

(2)

Where before the execution of hadd punishment —

(a)

the complainant withdraws the allegation of qazaf;

(b)

the complainant’s syahid retract their evidence or the complainant states that any of his syahid has given false evidence until the number of the syahid is less than two in accordance with

Hukum Syara’;

(c)

the complainant states that the person who commits qazaf has made a false confession; or

(d)

the complainant pardons the person who commits qazaf, hadd punishment shall not be enforced, but the Court may order retrial or impose the punishment under section 98(4) on the basis of the evidence before the Court.

Syariah Penal Code 62

(3)

In this section, “descendant” means a person’s biological children, whether male or female.

Report

Chapter II

Qatl and Causing Hurt

Chapter III

Withdrawal of Syahadah

Chapter IV

General Offences

Part

General

Schedules