Page:Syariah Penal Code Order, 2013.pdf/52

This page has been proofread, but needs to be validated.

BRUNEI DARUSSALAM GOVERNMENT GAZETTE


Refusal to perform li'an.

93. (1) A husband who accuses his wife of commiting zina and he or his wife refuses to perform li'an after being ordered by the Court to undergo li'an, the husband or the wife shall be imprisoned until—

(a) the husband has agreed to perform li'an or be punished with hadd punishment for committing qazaf; or
(b) the wife has agreed to perform li'an or accepted the husband's accusation of zina and if the wife accepted the husband's accusation, she is guilty of the offence of zina and shall be liable on conviction to hadd punishment for committing zina.

(2) For the purposes of this section and section 95, "li'an" means an accusation of zina on oath in accordance with Hukum Syara' made by a husband against his wife whilst the wife on oath in accordance with Hukum Syara' rejects such accusation and the accusation and rejection are made before the Court.

Pregnant out of wedlock.

94. (1) Any Muslim woman who is pregnant or who gives birth to a child out of wedlock is guilty of an offence and shall be liable on conviction—

(a) if she is muhshan, to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both;
(b) if she is ghairu muhshan, to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.

(2) Any Muslim woman who gives birth to a fully-developed child within a period of less than 6 months qamariah and 2 lahzah after her marriage shall be deemed to have given birth to the child out of wedlock.

(3) For the purpose of subsection (1), a woman is said to be pregnant out of wedlock or has given birth to a child out of wedlock if—

(a) she was not married;
(b) the marriage is not a syubhah marriage;
(c) she has not been raped;
(d) the child is born less than 6 months qarnariah and 2 lahzah after her valid marriage; or

1712