Page:Syariah Penal Code Order, 2013.pdf/55

22nd. OCTOBER, 2013 :(b) where the person liable to qazaf does not fulfill the conditions provided under section 96; or
 * (c) in cases mentioned under section 99,

is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years, whipping not exceeding 40 strokes or a combination of any two of the punishments.

Cases in which hadd punishment not imposed or enforced.

99. (1) Hadd punishment shall not be imposed for qazaf in any of the following cases—
 * (a) a person has committed qazaf against any of his descendants;
 * (b) the person who commits qazaf has died;
 * (c) qazaf has been proved to be true.

(2) Where before the execution of hadd punishment—
 * (a) the complainant withdraws the allegation of qazaf;
 * (b) the complainant's syahid retract their evidence or the complainant states that any of his syahid has given false evidence until the number of the syahid is less than two in accordance with Hukum·Syara';
 * (c) the complainant states that the person who commits qazaf has made a false confession; or
 * (d) the complainant pardons the person who commits qazaf,

hadd punishment shall not be enforced, but the Court may order retrial or impose the punishment under section 98(4) on the basis of the evidence before the Court.

(3) In this section, "descendant" means a person's biological children, whether male or female.

Issuing documents deemed to contain meaning of qazaf.

100. Any person who issues any document deemed to contain the meaning of qazaf that may harm the reputation or hurt the feelings of any person is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years, whipping not exceeding 40 strokes or a combination of any two of the punishments. 1715