vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
work, or neglects any animal in such a manner as to cause it unnecessary suffering shall be
punished with imprisonment for a term which may extend to three months or with fine or
with both. 623
401. On conviction of an offence under section 399 or section 400 the court may, in
addition to or in substitution for any penalty, make an order for the temporary custody by
the police or by any person or authority 624 of the animal in respect of which such offence
has been committed and may order the person convicted to pay such sum meanwhile as the
court thinks fit for the maintenance and treatment of such animal and such sum shall be
recoverable in the same manner as a fine inflicted under this law; or, if such animal is
suffering from incurable disease or injury as may be certified by a veterinary
doctor/expert, 625 order it to be destroyed.
Offences Relating to Religion
402. Whoever by any means publicly insults or seeks to incite contempt of any religion in
such a manner as to be likely to lead to a breach of the peace, shall be punished with
imprisonment for a term which may extend to two years or with fine and shall be liable to
caning which may extend to thirty lashes. 626
** [insulting the Holy Qur’an or any Prophet] 627
403. Whoever destroys, damages or defiles any place of worship or any object held sacred
by any class of persons with the intention of thereby insulting the religion of any class of
persons or with the knowledge that any class of persons is likely to consider such
destruction, damage or defilement as an insult to their religion, shall be punished with
imprisonment for a term which may extend to two years or with fine and shall be liable to
caning which may extend to thirty lashes. 628
404. Whoever voluntarily causes disturbance to any assembly lawfully engaged in the
performance of religious worship or religious ceremonies, shall be punished with
imprisonment for a term which may extend to one year and shall also be liable to caning
which may extend to thirty lashes. 629
623 PC: 1 year/£50 fine/both. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 3 months/N1,000 fine/both.
Kano, Katsina: 6 months/N5,000 fine/both. Kaduna: ta’azir.
624 PC, Jigawa omit “or by any person or authority”.
625 PC, Jigawa omit “as may be certified by a veterinary doctor/expert”.
626 PC, Gombe, Kebbi, Sokoto, Yobe, Zamfara: 2 years/fine/both. Bauchi: 3 years/fine/both. Kano: 1
year/exactly N20,000 fine/all. Katsina: 1 year/fine/both. Kaduna: ta’azir.
627 Kano adds a subsection (b) and an explanation: “(b) Whoever by any means publicly insult by using
word or expression in written or verbal by means of gesture which shows or demonstrate any form of
contempt or abuse against the Holy Qur’an or any Prophet shall on conviction be liable to death.
EXPLANATION: Religious insult includes using words or expressions in writing, verbal or by means
of gesture which shows or demonstrates any form of contempt or abuse against such religion or doing
any other similar act contrary to this code or Sharia generally. Religious insult also includes using
blasphemous books or instructions or materials on that religion or Prophet which may incite riot.
Moreover, the religious insult includes defiling any place of worship or sacred object.” Cf. §406 below.
628 PC, Gombe, Kebbi, Sokoto, Yobe, Zamfara: 2 years/fine/both. Bauchi: 7 years/fine/both. Jigawa:
5 years/30 lashes. Kano: 2 years/exactly N10,000 fine/both. Katsina: 2 years/exactly N20,000/both.
Kaduna: ta’azir.
629 PC, Gombe, Kebbi, Sokoto, Yobe, Zamfara: 1 year/fine/both. Bauchi: 7 years/fine/both. Jigawa: 2
years/20 lashes. Kano, Katsina: 2 years/exactly N20,000 fine/both. Kaduna: ta’azir.
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