vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES 4. Dismembering or destruction of the function of an organ or joint that is single and not paired, such as: (a) the nose; (b) the tongue whether it be from the base, or a <strong>part</strong> thereof if it prevents speech; (c) the penis even if it be from the glans. 662 5. Destruction of the function of senses without dismembering such limb, or without necessarily disfiguring such limb or organ, such as: (a) sight; (b) smell; (c) hearing; (d) speech; (e) taste; (f) sensation; (g) sound mind. PART C: Cases that warrant triple payment of the full diyah. 663 A victim is entitled to the full diyah compensation up to three times for one injury if that injury amounts to the loss of three faculties where each of the faculties lost is capable of earning the full diyah. PART D: Cases that warrant the payment of half of the full diyah. 1. Where one organ or member out of a pair is severed or dismembered or impaired intentionally and the right of qisas is remitted; or caused to lapse; and 2. Where one organ or member out of a pair is severed or dismembered or impaired by mistake or accident. PART E: Cases that warrant the payment of one-third of the full diyah. 664 1. wounds to the head that reach the tissues under the skull (ma’mumah); 2. wounds that bore deep into the abdomen whether from the front or the rear (ja’fah); 3. the lower lip. PART F: Cases that warrant the payment of one-tenth of the full diyah. 665 1. each finger; 2. each toe. PART G: Cases that warrant the payment of one-twentieth of the full diyah. 1. a phalange 666 of the thumb or big toe; 2. the tooth; 667 662 Kano, Katsina: “the penis.” 663 All SPCs except Jigawa omit the heading to this Part. Jigawa has: “Cases that warrant the full diyah compensation up to three times for one injury”. 664 Jigawa includes this heading for Part E, but then puts the content of what is here Part F under the heading. The content of what is here Part E is omitted. The heading for Part F is then also omitted. 665 Jigawa omits the heading for Part F, putting the content of Part F under the heading for Part E, see previous note. 666 Bauchi here has ‘phalanx’, having put ‘phalange’ previously, as in Part A(2)(a) and (b) 667 Jigawa omits “2. the tooth”. 138
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 3. the wound that exposes the bone (mudihah); 4. causing miscarriage of child in the womb. PART H: Cases that warrant the payment of one-thirtieth of the full diyah. 668 The diyah for a phalange of the finger or toe shall be one-thirtieth of the full diyah. PART I: Cases that warrant the payment of three-twentieths of the full diyah. 1. wounds that fracture a bone of the head or face (hashimah); 2. wounds that cause a compound fracture to the bone of the head or face (munaqqilah). PART J: Cases that do not warrant the payment of diyah but are subject to of damages only (hukumah). computation 1. plucking out of the hairs of the scalp, beards, eyebrows and eye lashes if they fail to regrow; 2. cutting off of the shaft of the penis if the victim had already suffered severance of the glans thereof and had received diyah for that previous offence; 3. plucking out of the finger or toe nails if the act was done by mistake or accident. 4. causing the fracture of a rib or thigh bone; 5. cutting off of the buttock of the male; 6. causing the dribbling of urine through the vagina of a woman; 7. destroying the sixth (extra) finger or toe if it is limp or inactive; 8. wounds that do not expose the bone if they heal after the offence. Made at _____________ this _____________ day of ______ , _________ 668 All SPCs except Jigawa omit the heading to this Part. Bauchi again has ‘phalanx’ instead of ‘phalange’. 139
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Chapter 4 Part III The Centre for I
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CILS HARMONISED SHARIA PENAL CODE A
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