BRUNEI DARUSSALAM GOVERNMENT GAZETTE
zina bil-jabar or liwat liable to hadd punishment and if such statement is unproved, the person who makes the accusation shall be guilty of an offence of qazaf but if such statement is proved, the person against whom the statement is made shall be guilty of an offence of zina, zina bil-jabar or liwat.
Illustration
A made a statement that B has committed zina. B made a complaint to Court that A has made a statement accusing him of committing zina and brought two syahid to support his complaint. If B's complaint is proved, then A has committed the offence of qazaf and may be punished for committing qazaf. However, if A is able to prove his statement by bringing four syahid, A will be released from the accusation of committing qazaf, As a result, B will be convicted of committing zina and may be punished for committing such offence.
(3) The statement under subsection (1) shall be deemed to be unproved if one or more of the four syahid called to give evidence by syahadah in support of the statement refuse to testify or do testify but their evidence are against such statement, and in such case each of the syahid who gives evidence in support of the statement, subject to section 88, shall be deemed to have committed an offence of qazaf.
Punishment for qazaf.
98. (1) Any person who commits qazaf and it is proved either by his ikrar, or by syahadah of at least two syahid according to Hukum Syara' other than the evidence of the victim after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to hadd punishment to whipping with 80 strokes.
(2) Any person who commits qazaf before the Court and fails to prove his qazaf is guilty of an offence and shall be liable on conviction to hadd punishment to whipping with 80 strokes.
Illustration
A has committed qazaf against B and brought only one syahid to support his allegation. A has committed the offence under this section.
(3) After a person has been convicted for the offence of qazaf liable to hadd punishment, his syahadah shall not be admissible in any Court until he repents.
(4) Any person who commits qazaf—
- (a) which is proved by evidence other than that provided under subsection (1);
