ENACTMENT No. 13 OF 2015
SYARIAH CRIMINAL CODE (II) (1993) 2015

PART I - HUDUD OFFENCES



Section 17. Qazaf

(1) A person is commiting qazaf if he-

(2) A statement under paragraph 1(b) is regarded as qazaf unless it is proven by four male witnesses, and if the statement cannot be proved then the person making the allegation shall be guilty of qazaf offence; but if it has been proved, then the person against whom the statement is made is guilty of adultery or sodomy.

(3) A statement under paragraph 1(b) is deemed not proven, if one or more of the four witnesses withdraw or refuse to testify or if the evidence is inconsistent with the statement; and in that case any witness who commit any of the acts mentioned above shall be deemed to have committed a qazaf offence and shall be punishable with hudud punishment.

(4) Any person who claims and witnesses who testify in good faith, either with syahadah or bayyinah before the Court, to prove the offence of adultery or sodomy but the evidence does not meet the requirements of hukum syarak for the accused to be imposed with hudud punishment, then the claimant and the witnesses shall not be guilty of qazaf offence.




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