ENACTMENT No. 13 OF 2015 SYARIAH CRIMINAL CODE (II) (1993) 2015
PART I - HUDUD OFFENCES
Section 12. Adultery
(1) Except in the case of wati’ syubhah as specified in subsection (3), whoever has sexual intercourse between a man or a woman whom are not her or his legally spouse is committing adultery.
(2) For the purposes of subsection (1):
(a) where the offender is already lawfully married and have enjoyed sexual intercourse in the marriage, then the offender is named mohsan; and
(b) where the offender is unmarried or married but has yet to experience a sexual intercourse in marriage then the offender is named ghairu mohsan.
(3) Wati’ syubhah is a sexual intercourse which is committed by a man with a woman who is not his wife and the intercourse is done:
(a) in dubious circumstances in which he thought that the woman with whom he had the sexual intercourse was his wife, when in fact the woman was not his wife; or
(b) in dubious circumstances in which he thought that his marriage to the woman with whom he had the sexual intercourse was valid according to hukum syarak, when in fact the marriage was invalid.