ENACTMENT NO. 4 OF 2002 SHARIAH CRIMINAL OFFENCE (HUDUD AND QISAS)
TERENGGANU ENACTMENT 1423H/2002M
PART V - SARIQAH
Section 21. When the hudud punishment for sariqah shall not apply.
The hudud punishment for sariqah shall not apply in any of the following circumstances:
(a) where the value of the stolen property is less than the nisab;
(b) where the offence is not proved by evidence required under the provisions of Part X;
(c) where the offender is not a mukallaf;
(d) where the owner of the stolen property fails to keep his immovable property in a proper place for it safety or the owner in certain circumstances exposes it to cause theft;
(e) where the offender has not obtained full possession of the stolen property, although its owner have already been deprived of its custody and possession;
(f) where the stolen property is of trifling nature and can be found in abundance in the land or is of perishable nature;
(g) where the property is of no value according to Hukum Syarak, such as intoxicating dririk or instruments used for amusement;
(h) where the offence is committed by a creditor in respect of the property of his debtor, who refuses to pay the debt;
Provided that the value of the stolen property shall not exceed the amount of the debt or the value of the stolen property exceeds the amount of the debt does not exceed
the nisab;
(i) where the offence is committed in circumstances of extreme difficulties such as war, famine, pestilence and natural disaster;
(j) where the offence is committed within the family such as wife stealing from her husband and vice versa or son from his father and vice versa;
(k) where in the case of an offence being committed by a group of persons, the share of each offender upon dividing the stolen property or the proceeds thereof is less than the nisab;
(l) where the offender returns the stolen property before the execution of the hudud punishment;
(m) where the owner of the stolen property denies the theft notwithstanding the confession by the offender;
(n) where the offender makes objection accepted by Hukum Syarak against the witnesses;
(o) where the stolen property is or the circumstances in which the offence is committed are such that according to Hukum Syarak there is no Hudud punishment
(p) where the offence of sariqah is proved only by the iqrar of the offender, but he retracts his iqrar before the execution of hudud punishment;
(q) where the offender possesses the stolen property lawfully after the commission of the offence of sariqah and before the decision upon the offence of sariqah is made;
(r) where the offender is allowed to enter the storage place:
(s) where the execution of punishment for the amputation of the hand as to endanger or threaten the life of the offender;
(t) where the left hand of the criminal non-functionable, mutilated or amputated.