Page:Syariah Penal Code Order, 2013.pdf/53

22nd. OCTOBER, 2013 :(e) the child is born more than 4 years qamariah after divorce or dissolution of marriage and she has not remarried.

(4) The burden of proof to rebut any of the paragraph (a), (b), (c), (d) or (e) in subsection (3) is upon the woman.

(5) Any man who impregnates a Muslim woman out of wedlock, whether or not such woman has given birth to a child, is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both. Qazaf Qazaf.

95. Except in cases that require li'an, "qazaf" means an accusation of zina, zina bil-jabar or liwat whether orally or documentarily not proved by four syahid against a Muslim who is mukallaf and known as a person who is clear of zina, zina bil-jabar or liwat.

Condition for person who commits qazaf and person liable to qazaf.

96. (1) A person who commits qazaf shall be a person who is a mukallaf.

(2) A person liable to qazaf shall be a muhshan and if the person liable to qazaf is dead person, that person shall be ascertained. Illustration A made a statement that B is a child born out of wedlock. Here, A has committed qazaf against B ' s mother. If B ' s mother has died, A shall determine the name of B ' s mother in his statement.

(3) In this section, "muhshan" means a Muslim who is of sound mind and has attained the age of baligh, clear of zina, zina bil-jabar or liwat, capable of having sexual intercourse and such conditions shall remain until he is liable to the hadd punishment.

Manner of committing qazaf.

97. (1) Qazaf may be committed by making a statement expressly such as to say that a person has committed zina, zina bil-jabar or liwat or making a statement impliedly such as to say that a person is not the father or not the offspring of a particular person.

(2) The statement under subsection (1) shall be deemed to be qazaf unless it is proved by syahadah in accordance with the requirements of conviction of zina, 1713