Page:Syariah Penal Code Order, 2013.pdf/85

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22nd. OCTOBER, 2013


Illustration

A and B have been convicted of zina with the syahadah C, D, E and F. G and H are syahid muhshan against A and B. A and B are found to be muhshan and punished with stoning. During the execution of the punishment, G withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision. G has committed an offence under this section.

(b) if syahid zina, zina bil-jabar or liwat and syahid ihshan withdraw their syahadah, the syahid zina, zina bil-jabar or liwat who withdraw his syahadah is guilty of an offence and shall be liable on conviction to whipping with 80 strokes for committing qazaf, and such syahid zina, zina bil-jabar or liwat and syahid ihshan shall be liable to a fine not exceeding $8,000, and may also be liable to the payment of arsy for hurt to mahkum 'alaihi, if any, according to the respective shares as specified by the Court.

Illustration

A and B have been convicted of zina with the syahadah C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning. During the execution of the punishment, C withdraws his syahadah zina and G withdraws his syahadah ihshan. The Court Shall cease forthwith the execution of the punishment. C and G have committed an offence under this section.

(3) When the withdrawal of syahadah zina, zina bil-jabar or liwat and syahadah ihshan is made at the time the punishment of stoning is being executed and mahkum 'alaihi has died, those syahid who withdraw their syahadah is guilty of an offence and shall be liable on conviction to—

(a) payment of diyat according to the respective shares as specified by the Court, if the syahid confesses that he gives his syahadah in good faith and he does not lie;
(b) death as qisas, if the syahid confesses that he gives his syahadah with the intention to lie.

Illustration

A and B has been convicted of zina with the syahadah of C, D, E and F. G and H are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning. C withdraws his syahadah zina and G withdraws his syahadah ihshan during the execution of the punishment, and A and B died. C and G have committed an offence under this section.

(4) In this section, "syahadah ihshan" means a true statement before the Court using the lafaz "asyhadu" to conclude that the accused is muhshan in case of zina, zina bil-jabar or liwat.

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