SCHEDULE V. (SHARIAH CRIMINAL OFFENCE (HUDUD AND QISAS)

ENACTMENT NO. 4 OF 2002
SHARIAH CRIMINAL OFFENCE (HUDUD AND QISAS)
TERENGGANU ENACTMENT 1423H/2002M

SCHEDULE V.

(Section 56)

1. The Rules in this Schedule shall apply to the execution of whipping punishment under section 56 of this Enactment.

2. A whipping punishment to be executed on an offender shall be carried out by an officer specifically authorized by the prison authority at a place and time directed by the Court and shall be in the presence or and witnessed by a Muslim medical officer and at least four adult male Muslims as witnesses:provided that before the punishment is carried out the offender shall first be examined by the medical officer and certified by him to be fit to receive such punishment.

3. No whipping punishment shall be carried out on an offender unless a period of fourteen days have lapsed after the date of the judgement; provided that in the event of an appeal the punishment shall be carried out soon as possible after the punishment is confirmed by the Special Syariah Court of Appeal.

4. The whipping punishment shall be carried out by the aforesaid officer hitting the offender with a rattan, the size of which (save in the case mentioned in Rule 8 (2) (ii) shall be one meter long and one centimetre in diameter.

5. The whipping shall be administered in such a way that the strokes shall be well distributed on all parts of the body except the face, head, chest and private part.

6. The whipping shall be carried out with a moderate force in that the officer administering the punishment shall not raise the rattan whip high up to the level of his head; and such whipping shall be given consecutively and shall not exceed the number of strokes ordered by the Court.

7. When receiving the whipping, the offender shall be in standing position and clothed in thin clothing which covers the aurat according to Hukum Syarak.

8. (1) If during the course of the whipping being administered to him the offender found to be incapable of receiving further whipping, on the certification by the medical officer, the whipping shall forthwith stop and postponed until the Court shall give a new direction as to the resumption of the punishment; and in the meantime the offender shall be detained in prison or set free on bail.

(2) Such direction shall be made on the basis of a report made by the aforesaid medical officer and shall be as follows:

(i) If according to the report the offender is likely to recover from his present incapacity, the punishment shall be resumed as soon he recovers from his ailments; and

(ii) if according to the report the offender is not likely to recover from his present incapacity, notwithstanding the ailments, the punishment shall also be resumed at a suitable time but the rattan to be used to continue the whipping shall be tighter and of smaller size than that specified in Rule 4 of these Rules.

Passed by the State Legislative Assembly on 8 July 2002,

[SUK. TR, 290/12/3 Bhg. 2; PUN, TR. L5/l07.]

WAN MOHD RUBY BIN WAN JUSOH,
Clerk of the State legislative Assembly,
Terengganu