ENACTMENT No. 9 Of 1988
SYARIAH CRIMINAL CODE ENACTMENT 1988

PART II - OFFENCES



Section 16. Pregnancy outside marriage.

(1) Any woman who is found pregnant or who gives birth to a child outside wedlock that does not include persetubuhan syubhah shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) Any woman who gives birth to a fully grown child less than a period of six months hijri that does not include persetubuhan syubhah after her marriage shall be deemed to have given birth to the child outside wedlock.

(3) The burden or proving that a woman has committed persetubuhan syubhah or has been married or a child is delivered within a period which is acceptable to Hukum Syarak shall be upon the woman.

(4) Section 112 of the Evidence Act 1950 shall not apply for the purpose of this section.




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