Section 127. Provisions as to sentences of fine. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

ENACTMENT No. 3 Of 1989
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

PART IV - PROCEEDINGS IN PROSECUTIONS
Chapter XIV - OF SENTENCES AND THE CARRYING OUT THEREOF

Section 127. Provisions as to sentences of fine.

Where any fine is imposed under the authority of any law for the time being in force, then, in the absence of any express provision relating to such fine in such law contained, the provisions following shall apply (that is to say)-

(a) where no sum is expressed to which the fine may extend the amount to which the offender is liable is unlimited, but shall not be excessive;

(b) in every case of an offence in which the offender is sentenced to pay a fine the Court passing the sentence may, in its discretion, do all or any of the following things:

(i) allow time for the payment of the fine;

(ii) direct payment of the fine to be made by instalments;

(iii) direct that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced;

(c) the period for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale:

(i) if the offence is punishable with imprisoment-

where the maximum term of imprisonment-

does not exceed six months

the period shall not exceed-

the maximum term of imprisonment

(ii) if the offence is not punishable with imprisonment-

Where the fine-

does not exceed two hundred ringgit

exceeds two hundred ringgit but does not exceed five hundred ringgit exceeds five

hundred ringgit

The period shall not exceed-

one month

two months

six months

(d) the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law in accordance with Form 5B in the Schedule;

(e) if, before the expiration of the time of imprisonment fixed in default of payment, such a proporation of the fine be paid or levied that the time of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.