Section 17. When the hudud punishment for zina cannot be carried out. (SHARIAH CRIMINAL OFFENCE (HUDUD AND QISAS)

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

PART IV - ZINA

Section 17. When the hudud punishment for zina cannot be carried out.

Hudud punishment for zina cannot be carried out in the following circumstances:

(a)

when the offender withdraws his confession;

(b)

when the witness withdraws from being a witness;

(c)

when the hymen of a virgin remains intact;

(d)

where sexual intercourse was done under

watie syubhah;

(e)

when the offender marries the victim;

(f) on a woman when sexual intercourse was committed against her will or by force, by black magic or by use of drink or

drug;

(g) when the offender is not a mukallaf and not knowing the nature of the offence committed and without his consent and with

syubhah

;

(h) when allegation of sexual intercourse failed to prove penetration of the male organ into the female virgina up to the neck of the (penis) organ.