Page:Syariah Penal Code Order, 2013.pdf/51

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22nd. OCTOBER, 2013

which does not fulfill the requirements of Hukum Syara' for the hadd punishment shall not be charged with qazaf.

Accuser and witnesses liable to qazaf.

89. An accuser and witnesses who give evidence not in good faith, either in syahadah or bayyinah before the Court, to prove the offence of zina, zina bil-jabar or liwat which does not fulfill the requirements of Hukum Syara' for the hadd punishment shall be charged with qazaf.

Ityan al-mayyitah.

90. (1) Any person who commits ityan al-mayyitah is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or a combination of any two of the punishment.

(2) In this section, "ityan al-mayyitah" means an offence of performing sexual intercourse with a dead person, whether such dead person is male or female.

Ityan al-bahimah.

91. (1) Any person who commits ityan al-bahimah is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or a combination of any two of the punishment.

(2) In this section, "ityan al-bahimah" means an offence of performing sexual intercourse with an animal.

Musahaqah.

92. (1) Any Muslim woman who commits musahaqah is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or combination of any two of the punishment.

(2) Any non-Muslim woman who commits musahaqah with a Muslim woman is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or a combination of any two of the punishment.

(3) In this section, "musahaqah" means any physical activities between a woman and another woman which would amount to sexual acts if it is done between a man and a woman, other than penetration.

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