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LAWS OF MALAYSIA
REPRINT
Act 559
SYARIAH CRIMINAL OFFENCES
(FEDERAL TERRITORIES)
ACT 1997
Incorporating all amendments up to 1 January 2006 PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
SYARIAH CRIMINAL OFFENCES
(FEDERAL TERRITORIES) ACT 1997
Date of Royal Assent ... ... ... ... ... 27 March 1997 Date of publication in the Gazette ... ... 31 March 1997 PREVIOUS REPRINT
First Reprint ... ... ... ... ... 2002
3
LAWS OF MALAYSIA
Act 559
SYARIAH CRIMINAL OFFENCES
(FEDERAL TERRITORIES) ACT 1997
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, commencement and application
2. Interpretation PART II
OFFENCES RELATING TO `AQIDAH
3. Wrongful worship
4. False doctrine
5. Propagation of religious doctrines, etc.
6. False claim PART III
OFFENCES RELATING TO THE SANCTITY OF THE
RELIGION OF ISLAM AND ITS INSTITUTION
7. Insulting, or bringing into contempt, etc., the religion of Islam
8. Deriding, etc., Quranic verses or Hadith
9. Contempt or defiance of religious authorities
10. Defiance of Court order
11. Religious teaching without tauliah
12. Opinion contrary to fatwa
13. Religious publication contrary to Islamic Law
14. Failure to perform Friday prayers 4 Laws of Malaysia ACT 559
Section
15. Disrespect for Ramadhan
16. Non-payment of zakat or fitrah
17. Instigating neglect of religious duty
18. Gambling
19. Intoxicating drinks PART IV
OFFENCES RELATING TO DECENCY
20. Incest
21. Prostitution
22. Muncikari
23. Sexual intercourse out of wedlock
24. An act preparatory to sexual intercourse out of wedlock
25. Liwat
26. Musahaqah
27. Khalwat
28. Male person posing as woman
29. Indecent acts in public place PART V
MISCELLANEOUS OFFENCES
30. Giving false evidence, information or statement
31. Takfir
32. Destroying or defiling mosque, surau, etc.
33. Collection of zakat or fitrah without authority
34. Illegal payment of zakat or fitrah
35. Encouraging vice
36. Enticing a married woman
37. Preventing married couple from cohabiting
38. Instigating husband or wife to divorce or to neglect duties
39. Enticing a female person
40. Selling or giving away child to non-Muslim
41. Qazaf
42. Abuses of halal sign 5Syariah Criminal Offences (Federal Territories)
PART VI
ABETMENT AND ATTEMPT
43. Abetment
44. Abetment in the Federal Territories of offences outside the Federal Territories
45. Punishment of abetment
46. Liability of abettor when a different act is done
47. Attempt PART VII
GENERAL EXCEPTIONS
48. Act of Judge when acting judicially
49. Act done pursuant to the judgment or order of a Court
50. Act done by a person justified by law
51. Act of child who is not baligh
52. Act of person of unsound mind
53. Act which a person is compelled to do by threats PART VIII
GENERAL MATTERS
54. Appointment of rehabilitation centre or approved home
55. Power of Court to commit convicted person to an approved rehabilitation centre
56. Power of Court to commit female offender to an approved home
57. Repeal
58. Amendment of section 164 of the Enactment SCHEDULE
6 Laws of Malaysia ACT 559
7Syariah Criminal Offences (Federal Territories)
LAWS OF MALAYSIA
Act 559
SYARIAH CRIMINAL OFFENCES
(FEDERAL TERRITORIES) ACT 1997
An Act to provide for Syariah criminal offences, and matters relating thereto.
[Federal Territories of Kuala Lumpur and Labuan-- 1 April 1997, P.U. (A) 103/1997;
*Federal Territory of Putrajaya--
1 February 2001, P.U. (A) 251/2002]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
Short title, commencement and application
1. (1) This Act may be cited as the Syariah Criminal Offences (Federal Territories) Act 1997 and shall come into force on such date as the Yang di-Pertuan Agong may, by notification in the Gazette, appoint.
(2) This Act shall apply only--
(a) to the Federal Territories of Kuala Lumpur and Labuan; and
(b) to persons professing the religion of Islam.
*NOTE--In its application to the Federal Territory of Putrajaya--see the Federal Territory of Putrajaya (Extension and Modification of Syariah Criminal Offences (Federal Territories) Act 1997) Order 2002 [P.U. (A) 251/2002].
8 Laws of Malaysia ACT 559
Interpretation
2. (1) In this Act, unless the context otherwise requires-- "Administration Act" means the Administration of Islamic Law (Federal Territories) Act 1993 [Act 505];
"approved home" means any place or institution appointed as such under section 54;
"approved rehabilitation centre" means any place or institution appointed as such under section 54;
"baligh" means having attained the age of puberty according to Islamic Law;
"Court" means the Syariah Subordinate Court, the Syariah High Court, or the Syariah Appeal Court, as the case may be, constituted under section 40 of the Administration Act;
"Enactment" means the Administration of Muslim Law Enactment 1952 of the State of Selangor [Selangor Enactment 3 of 1952]--
(a) in relation to the Federal Territory of Kuala Lumpur, as modified by the Federal Territory (Modification of Administration of Muslim Law Enactment) Orders 1974 [P.U. (A) 44 of 1974], 1981 [P.U. (A) 390 of 1981] and 1988 [P.U. (A) 263 of 1988] made pursuant to subsection 6(4) of the Constitution (Amendment) (No. 2) Act 1973 [Act A206] and in force in the Federal Territory of Kuala Lumpur by virtue of subsection 6(1) of that Act and the Administration of Muslim Law (Amendment) Act 1984 [Act A576]; and
(b) in relation to the Federal Territory of Labuan, as modified and extended by the Federal Territory of Labuan
(Modification and Extension of Administration of Muslim Law Enactment) Order 1985 [P.U. (A) 352 of 1985] made pursuant to section 7 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585];
"fatwa" means any fatwa made under section 34 of the Administration Act;
"Federal Territories" means the Federal Territories of Kuala Lumpur and Labuan;
9Syariah Criminal Offences (Federal Territories)
"incest" means sexual intercourse between a man and a woman who are prohibited from marrying each other under Islamic Law; "Islamic Law" means Islamic Law according to any recognized mazhab;
"Judge" means a judge of the Syariah Appeal Court, the Syariah High Court, and the Syariah Subordinate Court appointed under sections 41, 42 and 43 respectively, of the Administration Act; "li`an" means an allegation made by a man under oath in accordance with Islamic Law that his wife has committed zina; "liwat" means sexual relations between male persons; "Majlis" means the Majlis Agama Islam Wilayah Persekutuan established under subsection 4(1) of the Administration Act; "Mufti" means the person appointed to be the Mufti for the Federal Territories under section 32 of the Administration Act, and includes the Deputy Mufti;
"muncikari" means a person who acts as a procurer between a female and male person for any purpose which is contrary to Islamic Law;
"musahaqah" means sexual relations between female persons; "qazaf" means making false allegation on any person; "takfir" means to regard a Muslim as a non-Muslim; "zina" means sexual intercourse between a man and a woman out of wedlock.
(2) All words and expressions used in this Act and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings thereby assigned to them respectively to the extent that such meanings do not conflict with Islamic Law. (3) For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Act that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions as shown against them therein. 10 Laws of Malaysia ACT 559
PART II
OFFENCES RELATING TO `AQIDAH
Wrongful worship
3. (1) Any person who worships nature or does any act which shows worship or reverence of any person, animal, place or thing in any manner contrary to Islamic Law shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) The Court may order that any device, object or thing used in the commission of or related to the offence referred to in subsection (1) be forfeited and destroyed, notwithstanding that no person may have been convicted of such offence.
False doctrine
4. (1) Any person who teaches or expounds in any place, whether private or public, any doctrine or performs any ceremony or act relating to the religion of Islam shall, if such doctrine or ceremony or act is contrary to Islamic Law or any fatwa for the time being in force in the Federal Territories, be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
(2) The Court may order that any document or thing used in the commission of or related to the offence referred to in subsection (1) be forfeited and destroyed, notwithstanding that no person may have been convicted of such offence.
Propagation of religious doctrines, etc.
5. Any person who propagates religious doctrines or beliefs other than the religious doctrines or beliefs of the religion of Islam among persons professing the Islamic faith shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
11Syariah Criminal Offences (Federal Territories) False claim
6. Any person who-- (a) declares himself or any other person a prophet, Imam Mahadi or wali; or
(b) states or claims that he or some other person knows of unnatural happenings,
such declaration, statement or claim being false and contrary to the teachings of Islam, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both. PART III
OFFENCES RELATING TO THE SANCTITY OF THE
RELIGION OF ISLAM AND ITS INSTITUTION
Insulting, or bringing into contempt, etc., the religion of Islam
7. Any person who orally or in writing or by visible representation or in any other manner--
(a) insults or brings into contempt the religion of Islam; (b) derides, apes or ridicules the practices or ceremonies relating to the religion of Islam; or
(c) degrades or brings into contempt any law relating to the religion of Islam for the time being in force in the Federal Territories,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Deriding, etc., Quranic verses or Hadith
8. Any person who, by his words or acts, derides, insults, ridicules or brings into contempt the verses of Al-Quran or Hadith shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
12 Laws of Malaysia ACT 559
Contempt or defiance of religious authorities
9. Any person who acts in contempt of religious authority or defies, disobeys or disputes the orders or directions of the Yang di-Pertuan Agong as the Head of the religion of Islam, the Majlis or the Mufti, expressed or given by way of fatwa, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Defiance of Court order
10. Any person who defies, disobeys, disputes, degrades, brings into contempt any order of a Judge or Court shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Religious teaching without tauliah
11. (1) Any person who teaches or professes to teach any matter relating to the religion of Islam without a tauliah granted under section 96 of the Administration Act shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2) Subsection (1) shall not apply to--
(a) any person or class of persons exempted by the Majlis under section 98 of the Administration Act; or
(b) any person who teaches or professes to teach any matter relating to the religion of Islam in his own residence to members of his own household only.
Opinion contrary to fatwa
12. Any person who gives, propagates or disseminates any opinion concerning Islamic teachings, Islamic Law or any issue, contrary to any fatwa for the time being in force in the Federal Territories shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
13Syariah Criminal Offences (Federal Territories) Religious publication contrary to Islamic Law
13. (1) Any person who-- (a) prints, publishes, produces, records, distributes or in any other manner disseminates any book, pamphlet, document or any form of recording containing anything which is contrary to Islamic Law; or
(b) has in his possession any such book, pamphlet, document or recording,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) The Court may order that any book, pamphlet, document or recording referred to in subsection (1) be forfeited and destroyed, notwithstanding that no person may have been convicted of an offence connected therewith.
Failure to perform Friday prayers
14. Any male person, being baligh, who fails to perform the Friday prayers in a mosque within his kariah for three consecutive weeks without uzur syarie or without any reasonable cause shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Disrespect for Ramadhan
15. Any person who during the hours of fasting in the month of Ramadhan--
(a) sells to any Muslim any food, drink, cigarette or other form of tobacco for immediate consumption during such hours; or
(b) openly or in a public place is found to be eating, drinking or smoking,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both, and for a second or subsequent offence to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both. 14 Laws of Malaysia ACT 559
Non-payment of zakat or fitrah
16. Any person who, being liable to pay zakat or fitrah-- (a) refuses or wilfully fails to pay the zakat or fitrah; or (b) refuses or wilfully fails to pay the zakat or fitrah through an amil appointed, or any other person authorized, by the Majlis to collect zakat or fitrah,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Instigating neglect of religious duty
17. (1) Any person who instigates or induces any Muslim not to attend mosque or religious teachings or any religious ceremony shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) Any person who in any manner prevents another person from paying zakat or fitrah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Gambling
18. (1) Any person who gambles, or is found in a gaming house, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) In this section, "gaming house" means any premises, including a room, an office or a stall, whether open or enclosed, used or kept for the purpose of any game of chance or a combination of skill and chance, whether permitted by any other law or otherwise, for money or money's worth.
15Syariah Criminal Offences (Federal Territories) Intoxicating drinks
19. (1) Any person who in any shop or other public place, consumes any intoxicating drink shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. (2) Any person who makes, sells, offers or exhibits for sale, keeps or buys any intoxicating drink shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
PART IV
OFFENCES RELATING TO DECENCY
Incest
20. Any person who commits incest shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
Prostitution
21. (1) Any woman who prostitutes herself shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
(2) Any person who--
(a) prostitutes his wife or a female child under his care; or (b) causes or allows his wife or a female child under his care to prostitute herself,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
16 Laws of Malaysia ACT 559
Muncikari
22. Any person who acts as a muncikari shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
Sexual intercourse out of wedlock
23. (1) Any man who performs sexual intercourse with a woman who is not his lawful wife shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
(2) Any woman who performs sexual intercourse with a man who is not her lawful husband shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
(3) The fact that a woman is pregnant out of wedlock as a result of sexual intercourse performed with her consent shall be prima facie evidence of the commission of an offence under subsection (2) by that woman.
(4) For the purpose of subsection (3), any woman who gives birth to a fully developed child within a period of six qamariah months from the date of her marriage shall be deemed to have been pregnant out of wedlock.
An act preparatory to sexual intercourse out of wedlock
24. Any person who does an act preparatory to sexual intercourse out of wedlock shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. 17Syariah Criminal Offences (Federal Territories) Liwat
25. Any male person who commits liwat shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
Musahaqah
26. Any female person who commits musahaqah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.
Khalwat
27. Any-- (a) man who is found together with one or more women, not being his wife or mahram; or
(b) woman who is found together with one or more men, not being her husband or mahram,
in any secluded place or in a house or room under circumstances which may give rise to suspicion that they were engaged in immoral acts shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Male person posing as woman
28. Any male person who, in any public place, wears a woman's attire and poses as a woman for immoral purposes shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Indecent acts in public place
29. Any person who, contrary to Islamic Law, acts or behaves in an indecent manner in any public place shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
18 Laws of Malaysia ACT 559
PART V
MISCELLANEOUS OFFENCES
Giving false evidence, information or statement
30. (1) Any person who gives false evidence or fabricates evidence for the purpose of being used in any stage of a judicial proceedings in the Court shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. (2) Any person who knowing or having reason to believe that an offence has been committed under this Act or under any other written law relating to the religion of Islam, gives any information relating to such offence which he knows or believes to be false shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Takfir
31. (1) Subject to subsection (2), any person who alleges or imputes by words, either spoken or written, or by sign or visible representation, or by any act, activity or conduct, or by organising, promoting or arranging any activity or otherwise in any manner, that any person professing the religion of Islam or person belonging to any group, class or description of persons professing the religion of Islam-- (a) is or are kafir;
(b) has or have ceased to profess the religion of Islam; (c) should not be accepted, or cannot be accepted, as professing the religion of Islam; or
(d) does not or do not believe in, follow, profess, or belong to, the religion of Islam,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
19Syariah Criminal Offences (Federal Territories) (2) Subsection (1) shall not apply to--
(a) anything done by any Court or religious authority established, constituted or appointed by or under any written law and empowered to give or issue any ruling or decision on any matter relating to the religion of Islam; and
(b) anything done by any person pursuant to or in accordance with any ruling or decision given or issued by such Court or religious authority, whether or not such ruling or decision is in writing or, if in writing, whether or not it is published in the Gazette.
Destroying or defiling mosque, surau, etc.
32. Any person who destroys, damages or defiles any mosque or surau or other place of worship or any of its equipment with the intention of thereby insulting or degrading the religion of Islam shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Collection of zakat or fitrah without authority
33. Any person who collects zakat or fitrah or causes to be collected zakat or fitrah without having been appointed as amil or otherwise authorized by the Majlis shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both, and the Court shall order such collection to be confiscated and paid into the Fund established under section 60 of the Administration Act.
Illegal payment of zakat or fitrah
34. Any person who pays or causes to be paid payment of zakat or fitrah to any person not lawfully authorized to collect zakat or fitrah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
20 Laws of Malaysia ACT 559
Encouraging vice
35. Any person who promotes, induces or encourages another person to indulge in any vice shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Enticing a married woman
36. Any person who entices a married woman or takes her away from or in any manner influences her to leave the matrimonial home determined by her husband shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and the Court shall order the said woman to return to her husband.
Preventing married couple from cohabiting
37. Any person who prevents a married couple from cohabiting as a legally married couple shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both, and the Court shall order the couple to cohabit as a legally married couple.
Instigating husband or wife to divorce or to neglect duties
38. Any person who instigates, forces or persuades any man or woman to be divorced or to neglect his or her duties and responsibilities as a husband or a wife shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Enticing a female person
39. Any person who entices or induces or persuades any female person to run away from the custody of her parents or guardian shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both, and the Court may make such order as it deems appropriate in respect of the female person. 21Syariah Criminal Offences (Federal Territories) Selling or giving away child to non-Muslim
40. Any person who sells, gives away or delivers his child or a child under his care to any person who is not a Muslim shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both, and the Court may make such order as it deems appropriate in respect of the child. Qazaf
41. Except in cases of li`an, any person who accuses another person of committing zina without procuring four male witnesses or an iqrar of the accused person in accordance with Islamic Law shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Abuses of halal sign
42. Any person who displays, on or in respect of any food or drink which is not halal, any sign which indicates that such food or drink is halal, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both. PART VI
ABETMENT AND ATTEMPT
Abetment
43. A person abets the doing of a thing who-- (a) instigates any person to do that thing;
(b) engages with one other person or more in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
22 Laws of Malaysia ACT 559
(c) intentionally aids, by any act or illegal omission, the doing of that thing:
Explanation 1--A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done is said to instigate the doing of that thing. Explanation 2--Any person, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
Abetment in the Federal Territories of offences outside the Federal Territories
44. A person abets an offence within the meaning of this Act who, in the Federal Territories, abets the commission of an act outside the Federal Territories which would constitute an offence if committed in the Federal Territories.
Punishment of abetment
45. Any person who abets any offence shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence.
Liability of abettor when a different act is done
46. Where an act is abetted and a different act is done, the abettor is liable for the act done in the same manner and to the same extent as if he had abetted the act done if the act done-- (a) was a probable consequence of the abetment; and (b) was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
Attempt
47. (1) Any person who attempts-- (a) to commit an offence punishable under this Act or under any other written law relating to Islamic law; or (b) to cause such an offence to be committed,
and in such attempt does any act towards the commission of such offence, shall, where no express provision is made by this Act or 23Syariah Criminal Offences (Federal Territories) by such other written law, as the case may be, for the punishment of such attempt, be punished with such punishment as is provided for the offence.
(2) Any term of imprisonment imposed as a punishment for an attempt to commit an offence or to cause an offence to be committed shall not exceed one half of the maximum term provided for the offence.
PART VII
GENERAL EXCEPTIONS
Act of Judge when acting judicially
48. Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
Act done pursuant to the judgment or order of a Court
49. Nothing is an offence which is done in pursuance of, or which is warranted by the judgment or order of, a Court if done whilst such judgment or order remains in force, notwithstanding that the Court may have no jurisdiction to pass such judgment or order, if the person doing the act in good faith believes that the Court had such jurisdiction.
Act done by a person justified by law
50. Nothing is an offence which is done by a person who is justified by law, or who by reason of a mistake of fact and not by reason of mistake of law in good faith believes himself to be justified by law, in doing.
Act of child who is not baligh
51. Nothing is an offence which is done by a child who is not baligh.
24 Laws of Malaysia ACT 559
Act of person of unsound mind
52. (1) Nothing is an offence which is done by a person who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that what he is doing is wrong and contrary to law.
(2) For the purpose of this section, if a person was in a state of intoxication at the time of the act or omission complained of and--
(a) the state of intoxication was such that he did not know that the act or omission was wrong or he did not know what he was doing; and
(b) the state of intoxication was caused without his consent by the malicious or negligent act of another person, he shall be deemed to be a person of unsound mind. (3) In this section, "intoxication" shall be deemed to include a state produced by drugs.
Act which a person is compelled to do by threats
53. (1) Nothing is an offence which is done by a person who is compelled to do it by threats, which at the time of doing it reasonably caused the apprehension that instant death to the person will otherwise be the consequence.
(2) The exception under subsection (1) shall not apply if the person doing the act placed himself, of his own accord, in the situation by which he became subject to such constraint. PART VIII
GENERAL MATTERS
Appointment of rehabilitation centre or approved home
54. The Majlis may, by notification in the Gazette, appoint any place or institution to be an approved rehabilitation centre or an approved home for the purposes of this Act.
25Syariah Criminal Offences (Federal Territories) Power of Court to commit convicted person to an approved rehabilitation centre
55. Where the Court has convicted any person of an offence under Part II or under section 7, 8, 9 or 31, such Court may, in lieu of or in addition to any punishment specified for such offence, order any such person to be committed to an approved rehabilitation centre to undergo such counselling or rehabilitation for any period not exceeding six months as may be specified in the order; but where any sentence of imprisonment is imposed together with the counselling or rehabilitation the period thereof shall not in the aggregate exceed three years.
Power of Court to commit female offender to an approved home
56. Where the Court has convicted any female person of an offence under Part IV, such Court may, in lieu of or in addition to any punishment specified for such offence, order any such person to be committed to an approved home for such period not exceeding six months as may be specified in such order; but where any sentence of imprisonment is imposed together with such committal the period thereof shall not in the aggregate exceed three years.
Repeal
57. (1) Part IX of the Enactment, other than sections 164 and 165, shall cease to apply to the Federal Territories and shall to that extent be deemed to have been repealed.
(2) Notwithstanding the repeal of Part IX of the Enactment (the "repealed Part") all proceedings under that repealed Part, including any appeal from any Court under the repealed Part, shall be continued as if this Act had not been passed.
Amendment of Section 164 of the Enactment
58. Section 164 of the Enactment in its application to the Federal Territories is amended by substituting for the words "34 of this Enactment" the words "28 of the Administration of Islamic Law (Federal Territories) Act 1993".
26 Laws of Malaysia ACT 559
SCHEDULE
[Subsection 2(3)]
ARABIC SCRIPT FOR CERTAIN WORDS AND EXPRESSIONS
`aqidah
baligh
Hadith
iqrar
li'an
mahram
musahaqah
qamariah
qazaf
takfir
zina
27Syariah Criminal Offences (Federal Territories) LAWS OF MALAYSIA
Act 559
SYARIAH CRIMINAL OFFENCES
(FEDERAL TERRITORIES) ACT 1997
LIST OF AMENDMENTS
Amending law Short title In force from
P.U. (A) 251/2002 Federal Territory of Putrajaya 01-02-2001 (Extension and Modification of
Syariah Criminal Offences
(Federal Territories) Act 1997)
Order 2002
28 Laws of Malaysia ACT 559
LAWS OF MALAYSIA
Act 559
SYARIAH CRIMINAL OFFENCES
(FEDERAL TERRITORIES) ACT 1997
LIST OF SECTIONS AMENDED
Section Amending authority In force from
NIL
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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