vol_4_4_chapter_4_part_III

More documents

Recommendations

Info

CHAPTER 4: THE SHARIA PENAL CODES 405. Whoever, with the intention of wounding the feelings of any person or of insulting the religion of any person or with the knowledge that the feelings of any person are likely to be wounded or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of burial or offers any indignity to any human corpse or causes disturbance to any person assembled for the performance of funeral ceremonies, shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to thirty lashes. 630 406. (1) Whoever by any means whatsoever intentionally abuses, insults, derogates, humiliates or seeks to incite contempt of the holy Prophet Muhammad (SAW) or his prophethood or any other prophet of Allah recognised by the religion of Islam shall be punished with death. (2) Whoever destroys, damages or defiles the Holy Qur’an in whatever form or manner with the intention, thereby, of insulting, humiliating, derogating or disrespecting the Holy Qur’an or the religion of Islam or with the knowledge that Muslims are likely to consider such utterances or acts as insulting, abusive, derogatory to the Holy Qur’an or the religion of Islam, shall be punished with death. 631 Offences Relating to Ordeal, Witchcraft and Juju 407. Whoever presides at or takes part in 632 any unlawful trial by ordeal 633 shall be punished: 634 (a) with imprisonment for a term which may extend to five years or with caning which may extend to fifty lashes or with both; 635 and (b) if such trial results in the death of or any bodily injury to any party to the proceeding, shall be punished under qisas. 636 408. The worship or invocation of any juju shall be unlawful. 637 Explanation: "Juju" includes the worship or invocation of any object or being other than Allah (SWT). 409. Whoever: 638 630 PC, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 2 years/fine/both. Bauchi: 3 years/fine/both. Kano, Katsina: 2 years/exactly N20,000 fine/30 lashes. Kaduna: ta’azir. 631 Only Kaduna has this section (including both subsections); but see second note to §402 above. 632 PC, Bauchi, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: “Whoever presides or is present at”. Gombe: “Whoever presides or participates at”. Kano, Katsina: “Whoever attends or takes part in”. Kaduna: “Whoever presides at or takes part in or is present at”. 633 Gombe: “any trial by ordeal”. Kano, Katsina: “any ordeal, dodo, bori, or any form of witchcraft”. 634 Kano, Katsina, Kaduna do not divide the punishments into subsections. Kano and Katsina punish with up to 2 years or up to 50 lashes or both. Kaduna: ta’azir. 635 PC: 10 years/fine/both. Bauchi: 10 years/40 lashes/both. 636 PC omits “or any bodily injury to”, and punishes offences under this subsection with death. As noted above, Kano, Katsina and Kaduna omit this subsection. PC also adds an explanation after this section, which is omitted here and in all SPCs. 637 PC: “The Governor in Council may by order declare the worship or invocation of any juju to be unlawful.” Bauchi omits this section entirely, but this is evidently inadvertent, because the section is listed in the tables of contents of its code. Kano, Katsina: omit this section entirely, cf. note to §407. Gombe combines the section with the following explanation as follows: “‘Juju’ means the worship or invocation of any object or being other than Allah and shall be unlawful.” 134
CILS HARMONISED SHARIA PENAL CODE ANNOTATED (a) by his statements or actions represents himself to be a witch or to have the power of witchcraft; 639 or ** [accusing others of witchcraft] 640 (b) makes or sells or uses or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended to be used or reported to possess the power to prevent or delay any person from doing an act which such person has a legal right to do, or to compel any person to do an act which such person has a legal right to refrain from doing or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic; 641 or (c) presides at or takes part in 642 the worship or invocation of any juju which has been declared unlawful under the provisions of section 408; 643 or (d) is in possession of or has control over any human remains which are used or are intended to be used in connection with the worship or invocation of any juju; 644 or (e) makes or uses or assists in making or using or has in his possession anything whatsoever the making, use, or possession of which has been declared unlawful under the provisions of section 408 shall be punished with death. 645 410. 646 Whoever: (a) unlawfully accuses or threatens to accuse any person with being a witch or having the power of witchcraft; or (b) attends any place where the offence of trial by ordeal or the offences relating to witchcraft and juju are being committed, shall be punished with imprisonment for a term which may extend to one month and may also be liable to caning which may extend to twenty lashes. 411. Whoever with intent does any act of witchcraft or juju which causes the death of a human being shall be punished with death. 647 412. ** [unlawful sexual behaviours under the guise of medical treatment] 648 638 Kano, Katsina omit this section entirely, cf. note to §407. 639 Bauchi adds: “or engages in the practice of sorcery or witchcraft”. 640 PC and all SPCs (except those which omit this entire section) have the following inserted here as subsection (b): “accuses or threatens to accuse any person with being a witch or with having the power of witchcraft”. For this provision in this code see §410(a) below. 641 Bauchi omits this subsection. 642 PC and all SPCs which have this section: “presides at or is present at or takes part in”. 643 Bauchi: “or invocation of any object of witchcraft or sorcery”. 644 Bauchi: “or invocation of any object of witchcraft or sorcery”. 645 PC: 2 years/fine/both. 646 Neither PC nor any SPC has this section. Subsection (a) is included in most other codes as subsection (b) of what is here §409, see note in that place, and subsection (b) is to a large extent covered in other codes in what is here §407. 647 Neither PC nor any SPC has this section. 648 Kano and Katsina divide this section on “criminal charms” into two subsections, the first of which, included in no other code, reads as follows: “(1) Whoever engages in unlawful sexual behaviours under the guise of offering medical treatment, invocation [sic: ?] under the guise of curing an illness or 135
Page 1 and 2:
Chapter 4 Part III The Centre for I
Page 3 and 4:
CILS HARMONISED SHARIA PENAL CODE A
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52: CILS HARMONISED SHARIA PENAL CODE A
Page 55 and 56: 205. Whoever abets: CILS HARMONISED
Page 101: CILS HARMONISED SHARIA PENAL CODE A
Page 107: CILS HARMONISED SHARIA PENAL CODE A
show all

vol_4_4_chapter_4_part_III

Create successful ePaper yourself

Delete template?

Save as template?