Page:Syariah Penal Code Order, 2013.pdf/43

22nd. OCTOBER, 2013 of section 56, in accordance with the appropriate amendment, shall apply to such hirabah cases.

Attempt to commit hirabah.

65. Any person who attempts to commit hirabah or attempts to cause the commission of hirabah is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 15 years and whipping not exceeding 30 strokes.

Abetting commission of hirabah.

66. (1) Any person who abets the commission of hirabah under section 63(1) is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 30 years and whipping not exceeding 40 strokes.

(2) Any person who abets. the commission of hirabah under section 63(2) is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 15 years and whipping not exceeding 20 strokes.

Return of hirabah property.

67. The provisions of section 61, in accordance with the appropriate amendment, shall apply to the returning of property taken during the commission of hirabah. Zina Zina.

68. (1) A man and a woman are said to commit zina if they willfully had sexual intercourse without being validly married to each other or such intercourse is not syubhah intercourse.

Explanation—Penetration by hasyafah or qadar thereof is sufficient to constitute the sexual intercourse necessary for the offence of zina.

(2) In this section—

"syubhah intercourse" means a sexual intercourse performed with a persumption that it is a valid marriage but in actual fact the marriage is not valid (fasid) or sexual intercourse occurred by mistake;

"sexual intercourse occurred by mistake" means sexual intercourse between a man and a woman on the assumption that the woman is his wife and the man is her husband, when in actual fact she is not his wife and he is not her husband. 1703