ENACTMENT NO. 4 OF 2002 SHARIAH CRIMINAL OFFENCE (HUDUD AND QISAS)
TERENGGANU ENACTMENT 1423H/2002M
PART VI - HIRABAH
Section 24. When hudud punishment shall or shall not be imposed on Hirabah offences.
(1) Hirabah offence shall be punished under hudud punishment when it meets the following criteria:
(a)the offender is a mukallaf and it was committed with intention without coercion, not in desperate and without compelling need;
(b) when the offence took place outside the victim's residence; and
(c)when the offence is committed within the victim's compound where the victim found difficulty to get help.
(2) The punishment under hudud shall not be imposed on hirabah offences in the following circumstances:
(a) when the offender has repented and left the habit of committing hirabah or sariqah before the legal process commences on him and the victim has not had the actual knowledge on the offender provided that the offender declare his confession of repentance (taubat) before Syariah Judge or Syariah Prosecutor and delivers the property taken to the authority or the owner; or
(b) when the offender surrenders voluntarily to the authority before the process of law commences.