ENACTMENT No. 13 OF 2015 SYARIAH CRIMINAL CODE (II) (1993) 2015
PART I - HUDUD OFFENCES
Section 8. A circumstances where sariqah hudud punishment shall not be imposed
Hudud punishment for sariqah offences shall not be imposed in the following circumstances:
(a) when the value of the stolen property is less than the nisab;
(b) when the owner of the stolen property has not taken sufficient precaution to guard it from being stolen, given the condition of the property and where it is stored or abandoned;
(c) if the offender has not yet received the full possession of stolen property, even though its owner no longer has custody or possession of the property;
(d) if the stolen property is of the type that is not worth of value and can be found in abundance all over the place or of the type that is perishable;
(e) when the stolen property does not have any value in accordance with hukum syarak;
(f) when a theft was committed by the creditor on the property of the debtor who refused to pay the debt, provided that the value of the stolen property does not exceed the amount of the debt or the value of the stolen property exceeds the amount of debt but not exceeding the nisab;
(g) when the offence is committed in extreme situations, including war, famine, disease and natural disasters and the like;
(h) when the offence occurred within the family, such as a wife stealing from her husband and vice versa or a child stealing from his father and vice versa;
(i) when the offence is committed by a group of people where the proportion of every one of them after dividing the stolen property or the proceeds thereof is less than the nisab;
(j) when the offender returns the stolen property before the execution of hudud punishment;
(k) when the owner of the stolen property denies that his property had been stolen, even if the offender has made a confession to stealing it;
(l) when the offender has made an objections against the witnesses that can be accepted by hukum syarak;
(m) when the offender legally owns the stolen property after the theft and before the punishment is carried out;
(n) when the execution of amputating hand harms or threatens the life of offender;
(o) when the offender’s left hand is not functioning, maimed or truncated;
(p) when the offender stole a property or items belonging to the baitulmal; or
(q) when the stolen property or circumstances in which the offence is committed in accordance with hukum syarak and there is no hudud punishment that can be imposed on him.