ENACTMENT NO. 4 OF 1994 CRIMINAL PROCEDURE (SYARIAH) CODE 1994
PART IV - PROCEEDINGS IN PROSECUTIONS CHAPTER 14 - OF SENTENCES AND THE CARRYING OUT THEREOF
Section 118. Provisions as to sentences of fine.
Where any fine is imposed under the authority of any law for the time being in force, then, in the absence of any express provision relating to such fine in such law contained, the following provisions shall apply-
(a) in every case of an offence in which the offender is sentenced to pay a fine the Court passing the sentence may, in its discretion, do all or any of the following things-
(i) allow time for the payment of the fine;
(ii) direct payment of the fine to be made by instalments;
(iii) direct that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced;
(b) the period for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale-
(i) if the offence is punishable with imprisonment -
Where the maximum term of imprisonment -
The period shall not exceed -
does not exceed six months
the maximum term of imprisonment
exceeds six months but does not exceed two years
six months
exceeds two years
one quarter of the maximum term of imprisonment
(ii) if the offence is not punishable with imprisonment-
Where the fine -
The period shall not exceed -
does not exceed two hundred ringgit
one month
exceeds two hudred ringgit but does not exceed five hundred ringgit
two months
exceeds five hundred ringgit
six months
(c) the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is paid;
(d) if, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate;
(e) the death of the offender shall discharge him from the fine still unpaid.