Section 94
Pregnant out of wedlock
(1)
Any Muslim woman who is pregnant or who gives birth to a child out of wedlock is guilty of an offence and liable on conviction —
(a)
if she is muhshan, to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both;
(b)
if she is ghairu muhshan, to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
(2)
Any Muslim woman who gives birth to a fully-developed child within a period of less than 6 months qamariah and 2 lahzah after her marriage is deemed to have given birth to the child out of wedlock.
(3)
For the purpose of subsection (1), a woman is said to be pregnant out of wedlock or has given birth to a child out of wedlock if —
(a)
she was not married;
(b)
the marriage is not a syubhah marriage;
(c)
she has not been raped;
(d)
the child is born less than 6 months qamariah and 2 lahzah after her valid marriage; or
(e)
the child is born more than 4 years qamariah after divorce or dissolution of marriage and she has not remarried.
Syariah Penal Code
(4)
The burden of proof to rebut any of the paragraph (a), (b), (c),
(d)
or (e) in subsection (3) is upon the woman.
(5)
Any man who impregnates a Muslim woman out of wedlock, whether or not such woman has given birth to a child, is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Qazaf