Page:Syariah Penal Code Order, 2013.pdf/84

BRUNEI DARUSSALAM GOVERNMENT GAZETTE executed, the Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision. If mahkum 'alaihi is still alive—
 * (a) if mahkum 'alaihi is found to be a ghairu muhshan, he shall be liable to whipping with 100 strokes and the syahid who withdraw his syahadah ihshan 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, and shall be liable to the payment of arsy for hurt to mahkum 'alaihi, if any, according to the respective shares as specified by the Court;
 * (b) if mahkum 'alaihi is found to be a muhshan, the punishment of stoning shall continue and the syahid who withdraw his syahadah ihshan 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.

Illustration A and B have been convicted of zina with the syahadah of C, D, E and F. At the same time, C and D are syahid ihshan against A and B. A and B are found to be muhshan and punished with stoning. During the execution of the punishment, C withdraws his syahadah ihshan. The Court shall cease forthwith the execution of the punishment and refer such case to a superior Court for revision. C has committed an offence under this section.

(2) When syahadah zina, zina bil-jabar or liwat and syahadah ihshan is given by different syahid, and syahid ihshan or syahid zina, zina bil-jabar or liwat and syahid ihshan withdraw their syahadah at the time the punishment is being executed, the Court shall cease forthwith the execution of the punishment—
 * (a) if those who withdraw the syahadah ihshan are syahid ihshan, the Court shall refer such case to a superior Court for revision—
 * (i) if mahkum 'alaihi is found to be a ghairu muhshan, he shall be liable to whipping with 100 strokes and the syahid ihshan who withdraw his syahadah ihshan 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, and may also be liable to the payment of arsy for hurt to mahkum 'alaihi, if any, according to the respective shares as specified by the Court;
 * (ii) if mahkum 'alaihi is found to be a muhshan, the punishment of stoning shall continue and the syahid ihshan who withdraw his syahadah 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;

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