Page:Syariah Penal Code Order, 2013.pdf/82

BRUNEI DARUSSALAM GOVERNMENT GAZETTE one syahid withdraws his syahadah, he shall pay damages of one-half of the loss incurred by mahkum 'alaihi.

Explanation 2—If there are four syahid, two of them withdraw their syahadah, they are not liable. If three of the four syahid withdraw their syahadah, they shall pay damages of one-half of the loss incurred by mahkum 'alaihi.

Explanation 3—If the syahid consist of a male and two females, one of the female syahid withdraws her syahadah, she shall pay damages of one-fourth of the loss incurred by mahkum 'alaihi, and if both female syahid withdraw their syahadah, they shall pay damages of one-half of the loss incurred by mahkum 'alaihi, and if the male syahid withdraws his syahadah, he shall pay damages of one-half of the loss incurred by mahkum 'alaihi.

Explanation 4—If the syahid consist of a male and more than two females, all the female syahid withdraw their syahadah, they shall pay damages of one-half of the loss incurred by mahkum 'alaihi.

Withdrawal of syahadah after conviction, in cases of qisas and hadd other than zina, zina bil-jabar or liwat.

186. (1) In cases of qisas and hadd, except in cases of zina, zina bil-jabar or liwat, when a syahid withdraws his syahadah after the Court has passed its sentence and before execution of the punishment, the punishment of hadd or qisas shall not be executed and the syahid is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.

(2) In cases of hirabah and qatlul-'amd, when a syahid withdraws his syahadah after the Court has passed its sentence and the punishment has been executed, causing death to mahkum 'alaihi, the syahid is guilty of an offence and shall be liable on conviction to—
 * (a) payment of diyat according to the respective shares as specified by the Court, if the syahid confesses that he gives his syahadah in good faith and he does not lie;
 * (b) death as qisas, if the syahid confesses that he gives his syahadah with the intention to lie.

(3) In cases of qatlu syibhil-'amd or qatlu-hata', or cases punishable with qisas or hadd except in the case of zina, zina bil-jabar or liwat, when a syahid withdraws his syahadah after the Court has passed its sentence and the punishment has been executed, but did not cause the death of mahkum 'alaihi, the syahid is guilty of an offence and shall be liable on conviction to— 1742