- (a) if that offence is committed, is guilty of an offence and shall be liable on conviction to such fine as is provided for the offence, imprisonment for a term not exceeding one-fourth of the longest term provided for that offence or both; or
- (b) if that offence is not committed, is guilty of an offence and shall be liable on conviction to such fine as is provided for that offence, imprisonment for a term not exceeding one-eighth of the longest term of such imprisonment or both.
PART IV
OFFENCES
Chapter I
SARIQAH, HIRABAH, ZINA, ZINA BIL-JABAR, LIWAT, QAZAF, DRINKING INTOXICATING DRINKS AND IRTIDAD
Hadd.
52. (1) For the purposes of this Order, "hadd" means punishment or penalty as ordained by the Al-Qur'an or Sunnah Rasulullah Sallallahu 'Alaihi Wa Sallam for the offences of sariqah, hirabah, zina, qazaf, drinking intoxicating drinks and irtidad.
(2) Zina bil-jabar and liwat are included in the meaning of zina liable to hadd punishment.
Sariqah
Sariqah and hirz.
53. For the purposes of this Order—
"hirz" means custody of a property according to its suitability based on Hukum Syara';
"sariqah" means is an act of removing by stealth a movable property from the hirz or possession of its owner without his consent and with the intention to deprive him thereof.
Value of nisab for sariqah.
54. The value of nisab for sariqah liable to hadd punishment is 1 dinar.
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