Page:Syariah Penal Code Order, 2013.pdf/45

22nd. OCTOBER, 2013 : regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to whipping not exceeding 30 strokes and shall be detained in any rehabilitation centre as the Court thinks appropriate for a term not exceeding 3 years; or
 * (b) it is proved by evidence other than that provided under paragraph (a) is guilty of an offence and shall be liable on conviction to whipping not exceeding 15 strokes and shall be detained in any rehabilitation centre as the Court thinks appropriate for a term not exceeding 3 years.

Attempt to commit zina.

71. Any person who attempts to commit zina or attempts to cause the commission of zina is guilty of an offence and shall be liable on conviction—
 * (a) if he is muhshan, to a fine not exceeding $14,000, imprisonment for a term not exceeding 3 years or both, and to whipping not exceeding 20 strokes; or
 * (b) if he is ghairu muhshan, to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both, and to whipping not exceeding 10 strokes.

Illustration A, a mukallaf man, lies on a bed with B, a mukallaf woman who is not A's wife. A and B are committing the offence under this section.

Attempt to commit zina where offender is not mukallaf or has not attained age of baligh.

72. Any person, who is not mukallaf or has not attained the age of baligh, who attempts to commit zina or attempts to cause the commission of zina is guilty of an offence and shall be liable on conviction to whipping not exceeding 10 strokes and shall be detained in any rehabilitation centre as the Court thinks appropriate for a term not exceeding one year.

Abetting commission of zina.

73. (1) Any person who abets the commission of zina under section 69(1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both and, to whipping not exceeding 40 strokes.

(2) Any person who abets the commission of zina under section 69(2) or (4) is guilty of an offence and shall be liable on conviction to a fine not exceeding $16,000, imprisonment for a term not exceeding 4 years or both, and to whipping not exceeding 20 strokes. 1705