Syariah Criminal Offences (Federal Territories)
1
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
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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
Propagation of religious doctrines, etc.
5.
6.
False claim
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.
Deriding, etc., Quranic verses or Hadith
8.
9.
Contempt or defiance of religious authorities
10.
Defiance of Court order
Religious teaching without tauliah
11.
Opinion contrary to fatwa
12.
13.
Religious publication contrary to Islamic Law
14.
Failure to perform Friday prayers
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ACT 559
Section
Disrespect for Ramadhan
15.
Non-payment of zakat or fitrah
16.
17.
Instigating neglect of religious duty
18.
Gambling
19.
Intoxicating drinks
PART IV
OFFENCES RELATING TO DECENCY
20.
Incest
21.
Prostitution
Muncikari
22.
23.
Sexual intercourse out of wedlock
24.
An act preparatory to sexual intercourse out of wedlock
Liwat
25.
Musahaqah
26.
Khalwat
27.
28.
Male person posing as woman
29.
Indecent acts in public place
PART V
MISCELLANEOUS OFFENCES
30.
Giving false evidence, information or statement
Takfir
31.
Destroying or defiling mosque, surau, etc.
32.
Collection of zakat or fitrah without authority
33.
Illegal payment of zakat or fitrah
34.
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
Qazaf
41.
Abuses of halal sign
42.
Syariah Criminal Offences (Federal Territories)
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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
Act of child who is not baligh
51.
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
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Laws of Malaysia
ACT 559
Syariah Criminal Offences (Federal Territories)
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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].
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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;
" E n a c t m e n t " 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
m o d i f i e d 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
a n d 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];
" f a t w a " means any fatwa made under section 34 of the
Administration Act;
"Federal Territories" means the Federal Territories of Kuala
Lumpur and Labuan;
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"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.
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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.
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False claim
Any person who--
6.
(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.
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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.
Syariah Criminal Offences (Federal Territories)
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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.
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Non-payment of zakat or fitrah
Any person who, being liable to pay zakat or fitrah--
16.
(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.
Syariah Criminal Offences (Federal Territories)
15
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.
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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
f a c i e 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.
Syariah Criminal Offences (Federal Territories)
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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
Any--
27.
(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.
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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.
Syariah Criminal Offences (Federal Territories)
19
(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.
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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
w o m a n 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.
Syariah Criminal Offences (Federal Territories)
21
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
A person abets the doing of a thing who--
43.
(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
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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
Syariah Criminal Offences (Federal Territories)
23
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.
Syariah Criminal Offences (Federal Territories)
25
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
Syariah Criminal Offences (Federal Territories)
27
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