ENACTMENT NO. 4 OF 2002
SHARIAH CRIMINAL OFFENCE (HUDUD AND QISAS)
TERENGGANU ENACTMENT 1423H/2002M
PART IV - ZINA
Section 12. Zina.
Allah SWT said
Means:
"The woman and the man guilty of zina of fornication - Flog each of them with a hundred stripes. Let not compassion move you in their case, in matter prescribed by Allah, if you believe in Allah and the last day: and let a party of the believers witness their punishment".
(The Holy Quran, Surah Al-Nur, 24:2)
(1) Zina is an offence which consists of sexual intercourse between a man and a women who are not married to each other and such intercourse does not come within the meaning of watie syubhah as defined in subsection (3).
(2) Where an offender is validly married and has experienced sexual intercourse in such marriage, such offender is called mohsan, but where an offender is not married or already married but has not experienced sexual intercourse in such marriage, such offender is called ghairu mohsan.
(3) Watie syubhah is the sexual intercourse performed by a man with a women who not his wife and such intercourse took place.
(a) in doubtful circumstances in which he thought that the woman with whom he had sexual intercourse was his wife when in fact she was not; or
(b) in doubtful circumstances in which he believed that his marriage to the woman with whom he had sexual intercourse was valid according to Hukum Syarak when in fact his marriage to her was invalid.
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