BRUNEI DARUSSALAM GOVERNMENT GAZETTE
Offences relating to zina, zina bil-jabar or liwat
Withdrawal of ikrar in cases of zina, zina bil-jabar or liwat.
86. (1) Conviction of zina, zina bil-jabar or liwat through ikrar of ah accused may be withdrawn by the accused at any time, even though at the time when he is undergoing punishment.
(2) If an ikrar is withdrawn before the execution of hadd punishment, the accused shall cease to be liable to such punishment and if he withdraws that ikrar at the time when he is undergoing the punishment, the punishment shall forthwith cease.
(3) If at any time before or at the time when the hadd punishment is executed the accused managed to get away from the authority, he shall be considered to have withdrawn that ikrar; the provision of subsection (2) shall thereby apply.
Withdrawal of evidence in cases of zina, zina bil-jabar or liwat.
87. (1) If a syahid withdraws his evidence before the execution of hadd punishment on the accused, the accused shall cease to be liable to such punishment and if it is withdrawn at the time when the accused is undergoing the punishment, the punishment shall forthwith cease.
(2) In the case of zina, zina bil-jabar or liwat, where a syahid—
- (a) declines to give evidence;
- (b) gives evidence contrary to the charge;
- (c) gives evidence in support of the charge but subsequently withdraws such evidence; or
- (d) is disabled according to Hukum Syara',
and by reasons mentioned in paragraph (a), (b), (c) or (d) or other reasons, the number of syahid in support of the charge becomes less than four, the charge of zina, zina bil-jabar or liwat against the accused shall remain unproved and the accused shall cease to be liable to hadd punishment, but may be punishable with the punishment as provided under section 69(2), 69(4) or 76(2).
Accuser and witnesses not liable to qazaf.
88. An accuser and witnesses who give evidence in good faith, either in syahadah or bayyinah before the Court, to prove the offence of zina, zina bil-jabar or liwat
