Syariah Criminal Code (I) Enactment 2019

​

An Enactment to enact the Syariah Criminal Code for takzir offences and matters relating thereto.

ENACTED by the State Legislature of Kelantan as follows:

Short title, application and commencement

1. (1) This Enactment may be cited as the Syariah Criminal Code (I) 2019.

(2) This Enactment shall come into force on a date to be appointed by His Royal Highness the Sultan by notification in the Gazette.

(3) This Enactment shall apply−

(a) in the state of Kelantan; and

(b) to Muslims only.

​(4) Notwithstanding the provisions of subsection 3 (b) above, any person who is charged with an offence under this Enactment who claims that he or she is not a Muslim, the status of his or her religion shall be determined in his or her general reputation, without any attempt to question the person’s faith, belief, conduct, behaviour, character, action or omission.

(5) Any syariah criminal offence provided for in the Council of the Religion of Islam and Malay Custom, Kelantan Enactment 1994 listed in the First Schedule of this Enactment shall also be an offence under this Enactment.

(6) Notwithstanding anything provided in section 117 of Interpretations Act 1948 and 1967, in case of inconsistency or conflict between the Malay version of this Enactment and the English version, the Malay version shall prevail.

Interpretation

2. (1) In this Act, unless the context otherwise requires−

“ ‘ariyah or i’arah” means the lending of items without any consideration;

“age of majority” means of sound mind and attaining the age of majority according to hukum syarak;

“orphan” means a child whose biological father is dead and his age has not reached the age of puberty according to hukum syarak;

“dhaman” means guarantee contract given by the guarantor to third party for fulfilling obligation of the second party or the guaranteed person;

“fatwa” means any fatwa made under section 39 of the Council of the Religion of Islam and Malay Custom, Kelantan Enactment 1994;

“gharar” means uncertainty in offer and acceptance or contract;

​“ghasb” means seizing property by force;

“ghisy” means act of cheating or intentional fraud to cause loss and maltreatment on others;

“hibah” means the voluntary disposal or transfer of property by a person during his lifetime without consideration to anyone be wishes through sighah;

“hiwalah” means transfer of rights, obligations or liabilities from one bearer to another bearer;

“hukum syarak” means Islamic law according to the Syafie Mazhab or any one of the Maliki, Hanafi and Hanbali Mazhabs;

“ihtikar” means act of monopolizing public essential goods;

“ijarah” means leasing contract and wages affecting interests or benefits of any asset or workforce with specific charge or fee within an agreed period;

“istisna’” means trading contract in the form of ordering certain goods with certain specifications and conditions agreed between orderer or buyer and seller, manufacturer or developer;

“ju’alah” means award contract from party promising reward to another party for an act or achievement;

“li’an” means an accusation of adultery or denial of lineage of child by a sworn statement under hukum syarak made by a husband against his wife while his wife by a sworn statement under hukum syarak objecting the accusation and such accusation and objection is made before the court;

“luqatah” means found item or dropped item which owner is unknown;

​“court” includes the Syariah Court of Appeal, the Syariah High Court, the District Syariah Court or the Syariah Court;

“vice” for the purposes of Part V, means vice matters containing sexual element;

“mudharabah” means an investment contract involving an agreement between investor and entrepreneur where profits will be shared between the investor and entrepreneur based on an agreed ratio while capital losses will be borne by the investor and operating losses will be borne by the entrepreneur;

“mukalaf” means a Muslim who has reached the age of majority according to hukum syarak and of sound mind;

“muncikari” means a person who acts as an intermediary between a woman and a man or between the same gender for any purpose infringing Part V of this Enactment;

“mungkar” means anything forbidden which acts are bad, condemned, despised and forbidden by hukum syarak;

“musahaqah” means an act of satisfying sexual desire between woman and woman by rubbing vagina with vagina between each other or any physical activity between woman and woman that would amount to sexual act as if it is made between a man and a woman;

“Officer in Charge” means any officer in charge appointed by the court to be in charge of any offender sent to undergo punishment in any centre under section 63 of this Enactment;

“attempt to renounce Islam” means any conduct by a Muslim who is mukalaf with his own intention whether through word, deed or in any way that can be interpreted as an attempt to renounce Islam;

​“religious authority” means the Council of the Religion of Islam and Malay Custom, Kelantan including the Kelantan Islamic Religious Affairs Department, Kelantan Syariah Prosecution Department, Syariah Judiciary Department and Mufti Department;

“Islamic counselling centre” means any place or institution designated as such under subsection 102(3) of the Council of the Religion of Islam and Malay Custom, Kelantan Enactment 1994 and section 63 of this Enactment;

“rehabilitation centre” means any place or institution designated as such under section 63;

“qardh” means the issuance of loan;

“rahn” means contract using property as collateral to obtain loan;

“usury” means excess, extra, uneven weight or measurement at the time of exchange of ribawi items either from activity of issuing debt or loan or in sale contract;

“charitable home” means any place or institution designated as such under section 63;

“sorcery” means an act that is abnormal contradicting with hukum syarak involving the use of spirits and demons but not limited to worship, devotion, spell or charm;

“incest” means sexual intercourse between man and woman who are prohibited from marrying each other under hukum syarak;

“syarikah or musharakah” means cooperation agreement between two or more capital providers in various forms to implement a project for which profit or loss from the cooperation to be distributed based on certain conditions;

​“syuf’ah” means acquisition of property ownership, as an optioned buyer by paying the price to the original owner of such property, in conformity with value and payment system by any other buyer;

“takfir” means issuing a statement against a Muslim as a non-Muslim;

“takzir” means an offence which punishment is not included in the punishment of hudud and qisas;

“indecent” means any act done by any person in any place including−

(a) kissing;

(b) hugging;

(c) sexually suggestive speech or gestures or wearing a lluring clothes; or

(d) other indecent acts;

contrary to hukum syarak;

“wadi’ah” means property granted by one party to the other party to be placed under custody and to be returned upon request;

“wakalah” means a contract mandating another party in things that can be mandated to implement and carry out transaction on his behalf;

(2) All words and expressions used in this Enactment and not defined in this Enactment but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall be deemed to have the meaning given to them in the Act to the extent that such meanings do not conflict with hukum syarak.

(3) For the avoidance of doubt in the interpretation of the words and expressions used in this Enactment listed in the Second Schedule, reference shall be made to the Arabic script for those words and expressions as shown next to them therein.

​Prerogative power

3. (1) Except as expressly prescribed in this Enactment, nothing contained in this Enactment shall derogate or affect the prerogative rights and powers of His Royal Highness the Sultan of Kelantan as head of the religion of Islam of the State as presaribed and mentioned in the Laws of the Constitution of the State of Kelantan.

(2) His Royal Highness the Sultan may as head of the religion of Islam, issue such orders, from time to time, relating to specific matters that are contrary to hukum syarak. Provided that the order shall take effect on a date to be appointed by His Royal Highness the Sultan by notification in the Gazette.

(3) Any person who fails to comply with the order in subsection (2) commits an offence and shall, upon conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Sorcery

4. (1) Any person who performs practice, act, action or anything that can be defined as sorcery by any means commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit and to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

(2) The court may order such device, item or thing used in the commission of or related to the offence mentioned in subsection (1) be forfeited and destroyed.

False claim

5. Any person who−

(a) declares himself or any other person as Messenger or Prophet, Imam Mahdi or sacred person; or ​

(b) states or claims that he or any other person has knowledge of events or things beyond understanding or knowledge of men,

while the said declaration, statement or claim is false and contrary to the teachings of Islam, commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit and to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

Attempt to renounce Islam

6. (1) Any person who performs any act attempting to renounce Islam (but such act is not amounting to riddah) commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit and to imprisonment for a term not exceeding five years and to whipping not exceeding six strokes.

(2) If the court has convicted any person of the offence, the court, if it is satisfied, in substitution of or in addition to any punishment prescribed for the offence, may order any person to be detained in Islamic counselling centre for a period not exceeding six months as stated in the order for the purpose of education and the person shall repent in accordance with hukum syarak.

(3) For the purposes of subsection (2) the Officer in Charge shall submit a progress report to the court in every month.

Distorting teachings and precepts of Islam

7. Any person who distorts teachings and precepts of Islam commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Takfir

8. (1) Subject to subsection (2), any person who says or alleges words either spoken or written, or by signs or by disposition, or any act, activity or conduct, or by organizing, sponsoring or making arrangements for any activity or others in any way 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 non believer;

(b) no longer practices Islam;

(c) should not be acceptable, or unacceptable, as following the religion of Islam; or

(d) does not believe, follow, or belong to the religion of Islam,

commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit and to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

(2) Subsection (1) shall not apply to−

(a) anything done by any court or established religious authority, constituted or appointed by or under any written law and empowered to make or issue a decision on any matter relating to the religion of Islam; and

(b) anything done by any person pursuant to or in accordance with any decision made or issued by a court or such authority, whether or not the decision is in writing or, if in writing, either notified or not in the Gazette.

Insulting or deriding laws

9. Any person who offends or insults any law relating to the religion of Islam which came into force in the state of Kelantan in any way commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Disrespecting the month of Ramadan

10. (1) Any person who at the time of fasting in the month Ramadan−

(a) gives, sells, or supplies to any Muslim any food, drink, cigarettes or other things of its kind to be eaten, drunk or smoked within that time; or

(b) openly or in a public place or in any place found eating, drinking or smoking cigarettes or other similar things,

commits an offence and upon conviction shall be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year, or to both, and for a second or subsequent offence to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

​(2) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Destroying or defiling place of worship

11. (1) Any person who destroys, damages or litters any place of worship for Muslims or any of its equipments with intention to insult or degrade Islam commits an offence and upon conviction shall 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 destroys, damages or litters any place of worship for non-Muslims which is recognized by the law or any of its equipments with intention to insult or degrade the religion of the non-Muslims commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(3) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order for payment of reasonable compensation and any appropriate order.

Encouraging mungkar

12. Any person who organizes, promotes or instigates others to do any mungkar commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Selling or giving away child to non-Muslim or morally reprehensible Muslim

13. (1) Any person who sells, gives or surrenders his child or children under his custody to−

(a) any person who is not a Muslim; or

(b) any morally reprehensible Muslim,

commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping by six strokes or to any combination thereof.

(2) The court may make any order that it considers appropriate in respect of the child or the children.

Sodomy

14. (1) Any man who commits an act of sodomy which is not liable to the punishment of hadd according to hukum syarak commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit and to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

(2) Any man who attempts to commit an act of sodomy commits an offence and upon conviction shall 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) For the purpose of this section, “sodomy” means sexual intercourse performed unnaturally which is through the anus between a man with someone else.

(4) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Musahaqah

15. (1) Any woman who commits an act of musahaqah which is not liable to the punishment of hadd according to hukum syarak commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

(2) Any woman who attempts to commit an act of musahaqah commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

​(3) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Sexual intercourse with corpse

16. (1) Any person who performs sexual intercourse with a corpse commits an offence and upon conviction shall 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 attempts to perform sexual intercourse with a corpse commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(3) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Sexual intercourse with non-human

17. (1) Any person who performs sexual intercourse with a non-human commits an offence and upon conviction shall 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 attempts to perform sexual intercourse with a non-human commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(3) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

​Changing gender

18. (1) Any person who−

(a) changes his or her gender;

(b) causes change of his or her gender;

(c) changes gender of another person;

(d) causes change of gender of another person;

without syarii cause commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

(3) For the purposes of this section, “gender” includes any part of the body that are private for that gender.

Male person posing as female

19. (1) Any man who wears woman attire or poses or acts like a woman in any public place or in any private place publicly visible or accessible commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) If the court has convicted any person of the offence, the court, if it is satisfied, in lieu of a punishment or in addition to any punishment prescribed for the offence may;

(a) upon bond completion, make an order requiring the offender to carry out community service, not exceeding 240 hours in aggregate, in the form and time and place and subject to the conditions as set out by the Court; or

(b) order any person to undergo any counselling or be detained in an rehabilitation centre, Islamic counselling centre, charitable home, mosque, institution or centre for rehabilitation during any period not exceeding six months as specified in the order for the purpose of education and the person shall repent in accordance with hukum syarak.

​(3) For the purposes of paragraph (2)(b) Officer in Charge shall submit a progress report to the court every month.

Female person posing as male

20. (1) Any woman who wears man attire or poses or acts like a man in any public place or in any private place publicly visible or accessible commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) If the court has convicted any person of the offence, the court, if it is satisfied, in lieu of a punishment or in addition to any punishment prescribed for the offence may;

(a) upon bond completion, make an order requiring the offender to carry out community service, not exceeding 240 hours in aggregate, in the form and time and place and subject to the conditions as set out by the Court; or

(b) order any person to undergo any counselling or be detained in an rehabilitation centre, Islamic counselling centre, charitable home, mosque, institution or centre for rehabilitation during any period not exceeding six months as specified in the order for the purpose of education and the person shall repent in accordance with hukum syarak.

(3) For the purposes of paragraph (2)(b) Officer in Charge shall submit a progress report to the court every month.

Indecent act or speech

21. (1) Any person who acts or behaves in an indecent manner which is contrary to hukum syarak in any place commits an offence and upon conviction shall be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2) Any person who intentionally utters or distributes words contrary to hukum syarak in any place commits an offence and upon conviction shall be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

​(3) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Act of applying tattoo or undergoing treatment or surgery for cosmetic purposes without syarii cause

22. (1) Any person who−

(a) applies tattoo;

(b) causes any person to apply tattoo;

(c) undergoes treatment or surgery for ownself for cosmetic purposes without syarii cause;

(d) performs treatment or surgery for another person cosmetic purposes without syarii cause;

commits an offence and upon conviction shall be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Exposing aurat in public places

23. (1) Any person who exposes any part of his or her body or wears an indecent attire that exposes aurat or causes arousal in public place commits 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) If the court has convicted any person of the offence, the court, if it is satisfied, in lieu of a punishment or in addition to any punishment prescribed for the offence, may;

(a) upon bond completion, make an order requiring the offender to carry out community service, not exceeding 240 hours in aggregate, in the form and time and place and subject to the conditions as set out by the Court; or ​

(b) order any person to undergo any counselling or be detained in an rehabilitation centre, Islamic counselling centre, charitable home, mosque, institution or centre for rehabilitation during any period not exceeding six months as specified in the order for the purpose of education and the person shall repent in accordance with hukum syarak.

(3) For the purposes of paragraph (2)(b) Officer in Charge shall submit a progress report to the court every month.

Causing disruption to other people’s cohabitation

24. Any person who causes disruption to other people’s cohabitation in any way, affecting him or her to neglect the existing cohabitation obligations commits an offence and upon conviction shall 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 may order the couple to cohabit again as a married couple.

Preventing married couple from cohabiting as husband and wife

25. Any person who prevents a legally married couple from cohabiting as husband and wife commits an offence and upon conviction shall 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 the couple to cohabit again as a married couple.

Instigating husband or wife to divorce or to neglect obligations

26. Any person who instigates, forces or persuades in any way any married man or woman to be divorced or to neglect his or her duties and obligations as husband or wife commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Enticing away any Muslim from custody

27. Any person who entices or induces any Muslim to flee from custody of parents or guardian commits an offence and upon conviction shall 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 any order that it considers appropriate regarding that person.

​Female person fleeing from custody

28. A female person who flees from custody of parents or lawful guardian without reasonable cause under hukum syarak commits an offence and upon conviction shall 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 any appropriate order regarding the female person.

Allegation of committing mungkar

29. Except in the case of li’an, any person who accuses others in any way of doing mungkar without proof in accordance with hukum syarak or admission of guilt of the accused person commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Words capable of breaking peace

30. Any person who wilfully utters or disseminates words contrary to hukum syarak and likely to cause breach of peace in any place commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Sexual harassment

31. Any person who sexually harasses a non-mahram person at any place with an act or word that can degrade the dignity of such person, that person commits an offence and upon conviction shall be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Wrongful cutting off ties with immediate family

32. (1) Any person who intentionally and with malice, cuts off ties with his immediate family or refuses to communicate with them in an appropriate manner commits an offence and upon conviction shall be liable to a fine not exceeding one thousand ringgit.

(2) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

​(3) For the purposes of subsection (1) above, immediate family means the family members who can inherit property under the law relating to succession and inheritance.

Disobedient to parents

33. (1) Any person who performs act of disobedience against both parents or one of them or lawful guardian commits an offence and upon conviction shall 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) For the purposes of subsection (1) above, act of disobedience includes any word, act or omission that wrongfully−

(a) hurts their hearts and feelings either by rude or offensive talk or otherwise;

(b) hurts their physical and mental either by causing injury or not;

(c) eliminates acts and feelings of affection towards them; or

(d) causes them to be abandoned, neglected, unattended to or in an unacceptable state.

(3) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Possessing false document, giving false evidence, information or statement

34. (1) Any person who has in possession false document, gives false information or falsifies evidence for the purpose of being used in any stage of court proceedings commits an offence and upon conviction shall 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 knows or has reason to believe that an offence has been committed under this Enactment or under any written law relating to the religion of Islam, has in possession documents or provides any information relating to the offence which he knows or believes to be false commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Intoxicating drinks

35. (1) Any person who, in any opened or closed place, drinks any intoxicating drink which is not liable to the punishment of hadd according to hukum syarak or attempt to drink it commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

(2) Any person who causes someone else to attempt to drink any intoxicating drink commits an offence and upon conviction shall 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) Any person who makes, sells, offers or exhibits for sale, keeps or buys or has in his possession or manufactures, imports, exports, stores, conceals, buys, sells, gives, receives, stocks, handles, transports, carries, delivers, sends, obtains, supplies, distributes, controls or maintains any intoxicating drink commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(4) For the purposes of this section, “drink” includes when a person is tested positive in intoxication detection.

(5) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

​Anything intoxicating

36. (1) Any person who uses any intoxicating substance commits an offence and upon conviction shall 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.

(2) Any person who causes another person to use or attempt to use any intoxicating substance commits an offence and upon conviction shall 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) For the purposes of this section, “uses” includes eats, chews, sucks, swallows, drinks, inhales, smells or inserts such substance into the body by any means whatsoever or by using any tool whatsoever.

(4) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Gambling

37. (1) Any person who−

(a) gambles or found to be in a gambling place, whether he gambles or not; or

(b) organizes, provides place or permits any gambling activity in any premises under his possession or control,

commits an offence and upon conviction shall 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, “gamble” includes any game or competition in which a bet is placed.

(3) In this section, “gambling place” means any premise, including room, office or stall, or any opened or closed place, which is used or kept for the purpose of any game which its decision is based on luck or a combination of skill and luck whether permitted by any other law or otherwise for obtaining money or value of money.

(4) The Court may order any device, item or thing used in the commission of or related to the offence mentioned in subsection (1) to be forfeited and destroyed, albeit no one is convicted of the offence.

(5) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Dishonest disposal of orphan’s property

38. (1) Any person who causes orphan’s property to be affected either the property is illegally disposed to himself or to others commits and offence of dishonest disposal of orphan’s property and upon conviction shall 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) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Reducing scale, measurement and weight

39. (1) Any person who scales, measures or weighs in any matter related to property transaction and fraudulently makes a reduction in scale, measurement or weight commits an offence and upon conviction shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to any combination thereof.

​(2) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Executing transactions contrary to hukum syarak

40. Any person who executes any transaction of−

(a) buying and selling;

(b) ijarah;

(c) rahn;

(d) syarikah or musyarakah;

(e) mudharabah;

(f) qardh;

(g) ju’alah;

(h) hiwalah;

(i) ‘ariyah or i’arah;

(j) wakalah;

(k) dhaman;

(l) hibah;

(m) will;

(n) istisna’’;

(o) wadi’ah;

(p) luqatah;

(q) syuf’ah;

contrary to hukum syarak or any fatwa or any official decision of the Syariah Advisory Council of the Bank Negara Malaysia or the Syariah Advisory Council of the Securities Commission of Malaysia or recognized by written laws in force commits an offence and upon conviction shall be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both and in the case of a continuing offence, a further fine not exceeding one thousand ringgit or imprisonment for period not exceeding six months or any appropriate order or any combination thereof.

​Executing transactions via usury etc.

41. Any person who executes any transaction of−

(a) usury;

(b) ghisy;

(c) gharar;

(d) ghasb;

(e) illegal disposal of property;

(f) ihtikar;

contrary to hukum syarak or any fatwa or any official decision of the Syariah Advisory Council of the Bank Negara Malaysia or the Syariah Advisory Council of the Securities Commission of Malaysia or recognized by written laws in force commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and in the case of a continuing offence, a further fine not exceeding one thousand ringgit for each day the offence continues or imprisonment for a term not exceeding one year and any appropriate order.

Abuse of halal label and connotation

42. (1) Any person who displays any form of halal label on non-halal food, drink, goods or service for the purpose of deceiving or misleading Muslims that such food, drink, goods or service is halal commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(2) For the purposes of this section, “any person” includes any Muslim who at the time the offence is committed is the director, manager or secretary of the company or otherwise responsible for the management of the company also commits the offence unless he proves that−

(a) the offence is committed by the company without his consent or connivance; or

(b) he has taken all reasonable effort to prevent the occurrence of the offence as he ought to have exercised having regard to the nature of his office or of his duties in the company and all the circumstances.

Offering or providing vice services

43. (1) Any person who offers or provides vice services commits an offence and upon conviction shall be liable to a fine of 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 does any act preparatory to–

(a) prostitute his wife or child or any person in his custody or care; or

(b) cause or permit the husband, wife or child or any person in the custody or care to prostitute ownself,

commits an offence and upon conviction shall 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) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Preparatory act of offering or providing vice services

44. (1) Any person who performs any act in any way in preparation for prostituting ownself or in preparation for offering vice services or providing vice services for ownself commits an offence and upon conviction shall 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) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

​Preparatory act of vice

45. (1) Any person who performs any act for preparation of committing vice commits an offence and upon conviction shall 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) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Adultery

46. (1) Any person who performs any act preparatory to committing adultery commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

(2) Any person who attempts to commit adultery commits an offence and upon conviction shall 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) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Act of incest

47. (1) Any person who performs an act of incest which is not liable to the punishment of hadd according to hukum syarak commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit and to imprisonment for a term not exceeding three years and to whipping not more than six strokes.

(2) Any person who attempts to commit an act of incest which is not liable to the punishment of hadd according to hukum syarak commits an offence and upon conviction shall 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) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Muncikari

48. (1) Any person who acts as a muncikari commits an offence and upon conviction shall 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) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Pregnancy out of wedlock

49. (1) Any woman who is found to be pregnant or has given birth to a child out of wedlock commits an offence and upon conviction shall 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 gives birth to a child in less than 175 days and 2 lahzah after her marriage shall be deemed to have pregnancy out of wedlock unless there is evidence to the contrary.

(3) Any man who makes any woman pregnant out of wedlock, whether or not the woman has given birth to the child, commits an offence and on conviction shall be punished according to the provision of subsection (1).

(4) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

​Khalwat

50. (1) Any person being–

(a) a man who is found together with one or more of a woman who is not his wife or mahram; or

(b) a woman who is found together with one or more of a man who is not her husband or mahram,

in any place in circumstances which may give rise to suspicion that they commit acts contrary to hukum syarak commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) If the court has convicted any person of the offence, the court, if it is satisfied, in addition to any punishment prescribed for the offence, may order any appropriate order.

Accusing attempted adultery, sodomy or musahaqah

51. Except in the case of li’an, anyone who accuses any person attempting to commit adultery, sodomy or musahaqah without providing witnesses or admission of guilt of the accused person in accordance with hukum syarak, commits an offence and upon conviction shall 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.

Abetment

52. Anyone is deemed to abet an act if he−

(a) instigates any person to do that thing;

(b) takes part together with one or more persons in any conspiracy to perform or to omit a matter, if such performance or omission violating the applicable law occurs as a result of that conspiracy, and with the intention to do the same; or

(c) intentionally aids, by any act or illegal omission the doing of that thing.

​Explanation 1−A person who, by wilful misrepresentation or wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, such thing to be done is said to abet the doing of that thing.

Explanation 2−Any person either before or at the time of the commission of an act, does anything for the purpose of facilitating the commission of the act, and thus facilitates the commission thereof, is said to abet in doing it.

Abetting in the state of Kelantan of offence committed outside the state of Kelantan

53. A person abets an offence within the meaning of this Enactment if in the state of Kelantan he abets an act outside the state of Kelantan which would be an offence if committed in the state of Kelantan.

Punishment for abettor

54. Any person who abets any offence shall be punished as to the extent of the involvement not exceeding than the punishment provided for the offence.

Liability of abettor when different act is committed

55. If an act is abetted and a different act is done, the person abetting the act is liable for the act done in the same manner and to the same extent as if he had abetted the act if the act done–

(a) was a probable consequence of the abetment; and

(b) was committed under the influence of the abetment or with the aid or due to the conspiracy constituting such abetment.

Attempt

56. Any person who attempts−

(a) to commit an offence punishable under this Enactment or under any other written law relating to hukum syarak; or

(b) to cause the offence committed,

and in such attempt does any act towards the commission of the offence shall, where no express provision is made by this Enactment or any written law, as the case may be, for that attempt, be punished with any punishment provided for the offence.

Provided that any term of imprisonment imposed shall not exceed half of the maximum term of imprisonment provided for the offence.

Act of judge when acting judicially

57. Nothing is an offence which is done by a judge when acting judicially in the exercise of any power conferred on him, or that he in good faith believes to have been given to him, by law.

Act done pursuant to judgment or order of court

58. 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, albeit the court does not have jurisdiction to make judgment or order if the person doing the act in good faith believes that the court has jurisdiction to make a judgment or order.

Act done by person with justification in law

59. Nothing is an offence which is done by a person with a justification in the law, or by reason of mistake of fact and not an error of law in good faith believes that he has justification in law for doing so.

Act of child who has not reached puberty

60. Nothing is an offence which is done by a child who has not reached the age of puberty.

Act of person of unsound mind

61. (1) Nothing is an offence which is done by a person who at the time of doing it due to the imperfections of mind, is incapable of knowing the nature of the act or that what he does is wrong and contrary to the law.

(2) For the purposes of this section, if a person is in a state of intoxication at the time of the act complained of and–

(a) the state of intoxication is such that he does not know that the act or omission is wrong or he does not know what he is doing; and

(b) the state of intoxication is 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 caused by drugs or sorcery.

Act of person committing an offence under intimidation

62. (1) Nothing is an offence which is done by a person who is forced to act by threats of such a nature that cause the person to reasonably believe at the time he commits the act that his instant death will otherwise be the consequence.

(2) The exemption under subsection (1) shall not apply if the person doing the act places himself of his own accord in a state of which he becomes subject to such intimidation.

Establishment of rehabilitation centre, Islamic counselling centre, charitable home etc.

63. His Royal Highness the Sultan may, by notification in the Gazette, designate any place as a rehabilitation centre, Islamic counselling centre, charitable home, mosque, institution or centre for the purpose of this Enactment.

Power of court to make orders against convicted person to be placed in rehabilitation centre, Islamic counselling centre, charitable home etc.

64. (1) Where a court has convicted any person of an offence under this Enactment the court may, in substitution of or in addition to any punishment prescribed for the offence, order any such person to undergo any counselling or be detained in a rehabilitation centre, Islamic counselling centre, charitable home, approved mosque, institution or centre for rehabilitation during any period not exceeding six months, as specified in order, but if any punishment of imprisonment is imposed together with counselling or rehabilitation or detention, the period shall not exceed three years.

(2) Notwithstanding anything contained in subsection (1) above, the court has power to make such orders as subsection (1) above or make any other order against young offenders or combination of both.

​Power of court to order additional punishment or alternative punishment to carry out community service

65. (1) Where a court has convicted any person of an offence under this Enactment, the court may in addition to or in substitution of any punishment prescribed for the offence, may make any appropriate order or upon bond completion, order the offender to carry out community service, not exceeding 240 hours in aggregate, in the form and time and place and subject to the conditions as set out by the Court.

(2) For the purpose of this section, “community service” means any work, service or direction for the betterment of society in general and includes, any work performed that involves payment to the prison or the local authorities.

Offences for which no punishment is provided

66. Any offence under this Enactment or under the rules made thereunder for which there is no express punishment may be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Punishment for second and subsequent offences

67. Any person convicted of an offence under this Enactment who is later convicted of the same offence shall be liable to a second or subsequent offence punishable by a not lesser punishment than the previous one.

Repeal

68. (1) The Syariah Criminal Code Enactment (Kelantan) 1985 is repealed.

(2) Notwithstanding subsection (1), all proceedings under the repealed Enactment, including any appeal from any court under the repealed Enactment shall be continued as if this Enactment had not been passed.

Section 102

Section 104

Section 110

Section 113

Section 114

Section 115

Section 116

Section 119

Section 120

Section 121

Section 122

Section 125

​Section 126

Section 127

Section 136

Passed on 16 October 2019

[SUK.(S)D.200/420/1/JLD.115(30); PU.KN.1/G/130]