Page:Syariah Penal Code Order, 2013.pdf/44

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Illustration At night, in the dark, A and B have sexual intercourse. A thinks B is his wife and B thinks A is her husband, when in fact B is not A ' s wife and A is not B ' s husband. A and B did not commit the offence under this section.

Punishment for zina.

69. (1) Any Muslim who commits zina and it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to Hukum Syara '  after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to hadd punishment as follows—
 * (a) if he is muhshan, stoning to death witnessed by a group of Muslims; or
 * (b) if he is ghairu muhshan, whipping with 100 strokes witnessed by a group of Muslims and imprisonment for a term of one year.

(2) Any Muslim who commits zina and it is proved by evidence other than that provided under subsection (1) is guilty of an offence and shall be liable on conviction—
 * (a) if he is muhshan, whipping with not exceeding 30 strokes and imprisonment for a term not exceeding 7 years; or
 * (b) if he is ghairu muhshan, whipping with not exceeding 15 strokes and imprisonment for a term not exceeding 3 years.

(3) Any non-Muslim who commits zina with a Muslim and it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to the same punishment as provided under subsection (1).

(4) Any non-Muslim who commits zina with a Muslim and it is proved by evidence other than that provided under subsection (3) is guilty of an offence and shall be liable on conviction to the same punishment as provided in subsection (2).

Punishment for zina where the offender is not mukallaf or has not attained age of baligh.

70. Where any person who is not mukallaf or has not attained the age of baligh commits zina and—
 * (a) it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to Hukum Syara' after the Court is satisfied having

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