ENACTMENT No. 13 OF 2015
SYARIAH CRIMINAL CODE (II) (1993) 2015

PART I - HUDUD OFFENCES



Section 23. Irtidad or riddah

(1) Whoever voluntarily, deliberately and aware of making an act or uttered a word affects or against the faith in Islamic religion is coming irtidad.

Provided that such act is done or such word is uttered intentionally, voluntarily and knowingly without any compulsion by anyone or by circumstances.

(2) For the purpose of subsection (1) the acts or the words which affect the ‘aqidah (belief) are those which concern or deal with the fundamental aspects of Islamic religion which are deemed to have been known and believed by every Muslim as part of his general knowledge for being a Muslim, such as matter pertaining to Rukun Islam, Rukun Iman and matters of halal (the allowable or the lawful) or haram (the prohibited or the unlawful).

(3) Whoever is found guilty of committing the offence of irtidad shall, before a sentence is passed on him, be required by the court to be imprisoned within such period deem suitable by the Court for the purpose of repentance.

(4) Where he is reluctant but there is still hope for his repentance then the Court shall consider for continuance until no hope of repentance then the court shall pronounce the hudud sentence on him and order the forfeiture of his property irrespective of whether such property was acquired before or after the commission of the offence to be held for the Baitulmal:

Provided that when he repents whether the repentance is done before the death sentence is pronounced or after such pronouncement but before the sentence is carried out, he shall be free from the hudud sentence and his property ordered to be forfeited shall be returned to him.




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