BRUNEI DARUSSALAM GOVERNMENT GAZETTE
Withdrawal of syahadah in cases liable to punishment other than hadd, qisas, diyat or arsy.
189. When a syahid in cases liable to punishment other than hadd, qisas, diyat or arsy withdraws his syahadah—
- (a) after the Court has made the conviction and passed sentence but the punishment has not been executed, the withdrawal of such syahadah is acceptable and the punishment shall not be executed and the syahid who withdraws his syahadah is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 6 months or both;
- (b) after the Court has made the conviction and passed sentence and the punishment is being executed, the withdrawal of such syahadah is acceptable and the Court shall forthwith cease or suspend the execution of the punishment and shall refer the case to a superior Court for revision, and if—
- (i) it is found that no conviction is made, mahkum 'alaihi shall be released and the syahid who withdraws his syahadah is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000 or imprisonment for a term not exceeding 2 years, and shall be liable to pay of damages for the loss incurred by the mahkum 'alaihi, if any, according to the respective shares as the Court thinks reasonable;
- (ii) it is found that the conviction is made, the punishment shall be upheld and the syahid who withdraws his syahadah is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000 or imprisonment for a term not exceeding 2 years.
Withdrawal of syahadah by syahid furu' in mal case.
190. (1) When a case is proved by way of syahadah ala al syahadah, the withdrawal of syahadah after the Court has made its order or judgment, whether before or after execution, is invalid, and the syahid furu' who withdraws his syahadah is guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or imprisonment for a term not exceeding 6 months and shall be liable to pay damages for the loss incurred by mahkum 'alaihi, if any, according to their respective shares as the Court thinks reasonable.
(2) In this section—
"syahadah ala al syahadah" has the same meaning assigned to it under the Syariah Courts Evidence Order, 2001 (S 63/2001);
