Page:Syariah Penal Code Order, 2013.pdf/83

22nd. OCTOBER, 2013 :(a) a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both, if the syahid confesses that he gives his syahadah in good faith and he does not lie;
 * (b) the same punishment sentenced for mahkum 'alaihi as qisas or the payment of diyat or arsy according to the respective shares as specified by the Court, if the syahid confesses that he gives his syahadah with the intention to lie.

Withdrawal of syahadah in case of zina, zina bil-jabar or liwat.

187. (1) When some or all the syahid in the case of zina, zina bil-jabar or liwat withdraw their syahadah before the Court makes the conviction, the withdrawal of such syahadah shall be accepted and the Court shall not make such syahadah as proof to convict the offence and such syahid is guilty of an offence and shall be liable on conviction to whipping with 80 strokes for committing qazaf.

(2) When some or all the syahid withdraw their syahadah—
 * (a) after the Court has made the conviction and the punishment has not been executed, the withdrawal of such syahadah has shall cause the punishment not be executed and such syahid is guilty of an offence and shall be liable on conviction to whipping with 80 strokes for committing qazaf;
 * (b) after the Court has made the conviction and the punishment of whipping has been executed, such syahid is guilty of an offence and shall be liable on conviction to whipping with 80 strokes for committing qazaf, a fine not exceeding $4,000 and payment of arsy for hurt to mahkum 'alaihi, if any, according to the respective shares as specified by the Court.

(3) When some or all the syahid withdraw their syahadah after the Court has made the conviction and the punishment of stoning has been executed, causing death to mahkum 'alaihi, such 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.

Withdrawal of syahadah ihshan by syahid.

188. (1) When any syahid who has given his syahadah for conviction of zina, zina bil-jabar or liwat and at the same time he has also given syahadah ihshan, withdraws his syahadah ihshan at the time the punishment of stoning is being 1743