Section 76
Punishment for zina bil-jabar
(1)
Any person who commits zina bil-jabar and it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to
Hukum Syara’ other than the evidence of the victim after the Court is
Syariah Penal Code satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and liable on conviction to hadd punishment as follows —
(a)
if he is muhshan, stoning to death witnessed by a group of
Muslims;
(b)
if he is ghairu muhshan, whipping with 100 strokes witnessed by a group of Muslims and to imprisonment for one year.
(2)
Any person who commits zina bil-jabar and it is proved by evidence other than that provided under subsection (1) is guilty of an offence and liable on conviction —
(a)
if he is muhshan, to imprisonment for a term not exceeding 30 years and whipping with not exceeding 40 strokes;
(b)
if he is ghairu muhshan, to imprisonment for a term not exceeding 15 years and whipping with not exceeding 20 strokes.