Section 97

Qazaf may be committed by making a statement expressly such as to say that a person has committed zina, zina bil-jabar or liwat or making a statement impliedly such as to say that a person is not the father or not the offspring of a particular person.

Syariah Penal Code 60

The statement under subsection (1) is deemed to be qazaf unless it is proved by syahadah in accordance with the requirements of conviction of zina, zina bil-jabar or liwat liable to hadd punishment and if such statement is unproved, the person who makes the accusation is guilty of an offence of qazaf but if such statement is proved, the person against whom the statement is made is 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.

The statement under subsection (1) is 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, is deemed to have committed an offence of qazaf.