ENACTMENT No. 13 OF 2015 SYARIAH CRIMINAL CODE (II) (1993) 2015
PRELIMINARY
Section 4. Category of offence
(1) Offences under this Code are divided into three categories as follows:
(a) hudud offences, are offences specified in section 5, the punishments of which are called hudud punishments and ordained by al-Quran al-Karim or al-Sunnah;
(b) qisas offences, are offences causing death or bodily injury to a person, the punishments of which are called qisas punishments and ordained by al-Quran al-Karim or al-Sunnah; and
(c) takzir offences, are offences other than hudud or qisas offences, the punishments of which are called takzir and determined by the Legislature of the State under this Code or otherwise and imposed at the discretion of the Court.
(2) Notwithstanding subsection (1), if hudud or qisas offences cannot be punished with hudud or qisas punishments because they do not meet the conditions required for the punishments as prescribed under this Code or in accordance with hukum syarak, then the offences shall become a takzir offences and be punished accordingly.