vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
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CHAPTER 4: THE SHARIA PENAL CODES<br />
4. Dismembering or destruction of the function of an organ or joint that is single and not<br />
paired, such as:<br />
(a) the nose;<br />
(b) the tongue whether it be from the base, or a <strong>part</strong> thereof if it prevents speech;<br />
(c) the penis even if it be from the glans. 662<br />
5. Destruction of the function of senses without dismembering such limb, or without<br />
necessarily disfiguring such limb or organ, such as:<br />
(a) sight;<br />
(b) smell;<br />
(c) hearing;<br />
(d) speech;<br />
(e) taste;<br />
(f) sensation;<br />
(g) sound mind.<br />
PART C: Cases that warrant triple payment of the full diyah. 663<br />
A victim is entitled to the full diyah compensation up to three times for one injury if that<br />
injury amounts to the loss of three faculties where each of the faculties lost is capable of<br />
earning the full diyah.<br />
PART D: Cases that warrant the payment of half of the full diyah.<br />
1. Where one organ or member out of a pair is severed or dismembered or impaired<br />
intentionally and the right of qisas is remitted; or caused to lapse; and<br />
2. Where one organ or member out of a pair is severed or dismembered or impaired by<br />
mistake or accident.<br />
PART E: Cases that warrant the payment of one-third of the full diyah. 664<br />
1. wounds to the head that reach the tissues under the skull (ma’mumah);<br />
2. wounds that bore deep into the abdomen whether from the front or the rear (ja’fah);<br />
3. the lower lip.<br />
PART F: Cases that warrant the payment of one-tenth of the full diyah. 665<br />
1. each finger;<br />
2. each toe.<br />
PART G: Cases that warrant the payment of one-twentieth of the full diyah.<br />
1. a phalange 666 of the thumb or big toe;<br />
2. the tooth; 667<br />
662 Kano, Katsina: “the penis.”<br />
663 All SPCs except Jigawa omit the heading to this Part. Jigawa has: “Cases that warrant the full diyah<br />
compensation up to three times for one injury”.<br />
664 Jigawa includes this heading for Part E, but then puts the content of what is here Part F under the<br />
heading. The content of what is here Part E is omitted. The heading for Part F is then also omitted.<br />
665 Jigawa omits the heading for Part F, putting the content of Part F under the heading for Part E, see<br />
previous note.<br />
666 Bauchi here has ‘phalanx’, having put ‘phalange’ previously, as in Part A(2)(a) and (b)<br />
667 Jigawa omits “2. the tooth”.<br />
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