ENACTMENT NO. 10 OF 1993 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993
PART IV - PROCEEDINGS IN PROSECUTIONS CHAPTER XIV - SENTENCES AND THE CARRYING OUT THEREOF
Section 123A. Whipping.
(1) The Provision of this section and sections 123B and 123C shall in the case of ta'zir, be imposed when sentence of whipping is inflicted.
(2) The instrument for whipping excluding its handle, shall be from one type only anhd preferable made of rattan or twig without segment or knot and shall not be more than 1.22 meter in length and 25 centimeter in diameter.
(3) The following provisions shall be applicable when executing sentence of whipping :
(a) before the execution of a sentence of whipping the offender shall be examined by an authorised Medical Officer to certify that the execution of the sentence does not result in death;
(b) if the offender is ill, the execution of the sentence shalol be deferred until the authoriesd Medical Officer certifies that the offender is in fit state of health to undergo such punishment;
(c) if the offender is a pregnant woman, the execution of the sentence shall be deferred until the expiry of the second month after delivery or abortion, as the case may be;
(d) if during time of excution of a sentence the weather is too cold or too hot, the execution of the sentence shall be deferred until the weather becomes normal;
(e) the sentence shall be executed in the presence of an authorised Medical Officer in a public place as the Court may direct or at such place specified by the Government for that purpose;
(f) person appointed to execute such sentence shall be a just and matured person;
(g) such person shall use the whipping instrument with a moderate strength without lifting his hand beyond his head as not to injure the offender's skin;
(h) he shall after each whipping raise the whipping instrument up and without pulling it;
(i) whipping shall be over the whole body of the offender but shall not be inflicted on the head, stomach, face, chest or private parts of the body of the offender;
(j) the offender shall be clad in clothes as required by the teaching of Islam;
(k) whipping shall, in the case of a male offender, be inflicted while standing and, in the case of female offender, while seated;
(l) if during the execution of a sentence of whipping, an authorised Medical officer certifies the likelihood of death of the offender, the execution of the sentence shall be deferred until the Medical Officer certifies that the offender is in a fit state of health to undergo the remaining punishment.
(4) Where an offender is sentenced to whipping only, he shall be dealt with as if the offender is punished with imprisonment only until the execution of the sentence is over.
(5) If in the opinion of a authorised Medical Officer that the offender due to age, illness of other causes is unable to undergo wholly or partially the sentence of whipping, the case shall be referred to the Court, which may order that the execution of the sentence be done as it deems proper.
(6) The Yang di-Pertua Negeri may, by notification in the Gazette make rules for the purpose of the carrying out of the provisions of this section.