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 121. Sentence of whipping.
(1) The provisions of this section, sections 122 and 123 shall be applicable when the accused is sentenced to whipping.
(2) The whipping rod, excluding its holder, shall be of the same type and make either from rattan or small branch of a tree without segment or joint and its length not more than 1.22 metres and its thickness not more than 1.25 centimetres.
(3) The following provisions shall be followed when executing the sentence of whipping, that is-
(a) before execution of the sentence the offender shall be examined by the authorised Medical Officer to certify that the offender is in a fit state of health to undergo the same;
(b) if the offender is pregnant, the execution shall be postponed until the end of two months after delivery or miscarriage, as the case may be;
(c) the sentence shall be executed before the Medical Officer in a public place.
(d) the person appointed to execute the sentence shall be adil and mature person;
(e) the person shall use the whipping rod with average force without lifting his hand over his head so that the offender's skin is not cut;
(f) after inflicting a stroke, he shall lift the rod upward and not pull it;
(g) whipping may be inflicted on all parts of the body except face, head, stomach, chest or private parts;
(h) the offender shall be allowed to wear clothes according to Hukum Syara';
(i) if the offender is male the whipping shall be inflicted in a standing position, and if a female, in a sitting position;
(j) if during the execution of the whipping the Medical Officer certifies that the offender can no longer receive the strokes, the whipping shall be postponed until the Medical Officer certifies that the offender is fit to undergo the balance of the sentence.
(4) In the case where the offender is sentenced to whipping only, then he shall be dealt with as if he is sentenced to imprisonment until the sentence is executed.
(5) if the Medical Officer certifies that the offender due to old age, illness of any other reason is unable to undergo the whipping sentence wholly or partly, the case shall be referred to the Court which may order the execution of the sentence in a manner as it thinks reasonable.