ENACTMENT NO. 11 OF 2013
SYARIAH CRIMINAL OFFENCES ENACTMENT 2013

PART IV - OFFENCES RELATING TO DECENCY



Section 29. Sexual intercourse out of wedlock

(1) Any man who performs sexual intercourse with a woman who is not his lawful wife commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.

(2) Any woman who performs sexual intercourse with a man who is not her lawful husband commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.

(3) The fact that a woman is pregnant out of wedlock as a result of sexual intercourse performed of her own accord and while being aware of her action shall be prima facie evidence of the commission of an offence under subsection (2) by that woman.

(4) For the purpose of subsection (3), any woman who gives birth to a fully developed child within a period of less than six qamariah months from the date of her marriage shall be deemed to have been pregnant out of wedlock.




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