vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
SCHEDULE B 659
PART A: Cases that warrant the penalty of qisas. 660
1. The intentional causing of death. 661
2. The intentional severing or dismembering of joints or limbs such as:
(a) the arm or any joint thereof even of the phalanges of fingers;
(b) the leg from the pelvis even of the phalanges of the toes;
(c) the eye that is possessed of the power of sight;
(d) the part of the nose formed of cartilage;
(e) the ear;
(f) the lip;
(g) the testicle;
(h) the labia majora and minora of a female;
(i) the tongue;
0) the tooth;
(k) the breast of the male or female even if it be the nipple thereof;
(1) the finger and toe nail if gouged out intentionally;
(m) defective joints or members that are lame or infirm because of-
(i) old age; or
(ii) act of God; or
(iii) previous injury before the case at hand;
(n) the penis, be it the shaft or the glans;
(o) the buttock of the female.
** [Kaduna has here a subsection (p), which repeats, obviously in error, what is here
subsection (e) of §409 = Kaduna §401(f).]
PART B: Cases that warrant the full amount of diyah.
1. Mistaken impairing of the functions of both members or limbs that are paired, such as
both:
(a) hands;
(b) legs;
(c) eyes, or the useful eye in the case of the one-eyed person;
(d) lips;
(e) ears;
(f) breasts;
(g) testicles.
2. Mistaken severing or dismembering of joints and limbs enumerated under Part A of this
Schedule.
3. Where the right to exact qisas falls in the cases enumerated under Part A of this Schedule.
659 PC has no such schedule.
660 Only Kaduna uses ‘qisas’ here, all other SPCs use ‘retaliation’.
661 Only Kaduna divides Part A into two paragraphs and makes the first “the intentional causing of
death” as here; all other SPCs begin with what is here 2.
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