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


PART IX - EVIDENCE



Section 49. Qarinah.

(1) Except for the offence of zina by force or rape and as provided in subsection (2) and (3) qarinah, though relevant, shall not be a valid method of proving a hudud offence.

(2) In the case of zina, pregnancy or delivery of a baby by an unmarried woman shall constitute evidence on which to find her guilty of zina and therefore the hudud punishment shall be passed on her unless she can prove to the contrary.

(3) In the case of consuming liquor of any other intoxicating drinks, the smell of liquor in the breath of the accused or the fact or his vomiting of liquor or any other intoxicating drinks or traces thereof or the observation by the Court of the accused being in a state of intoxication shall be admissible as evidence to prove that he has committed the offence of syurb unless he can prove to the contrary.




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