vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES 392. Mischief by fire to vessel. 393. Running vessel aground or ashore with intent to commit theft. 394. Mischief committed after preparation made for causing death or hurt. Lotteries and Gaming Houses 395. Definitions. 396. Keeping gaming house or lottery office. 397. Offences relating to lotteries. 398. Power to order forfeiture of lottery equipment, proceeds, etc. Cruelty to Animals 399. Ill treatment of domestic animals 400. Overriding and neglect of animal. 401. Power to order temporary custody or destruction of animal. Offences Relating to Religion 402. Insulting or exciting contempt of religious creed. 403. Injuring or defiling place of worship. 404. Disturbing religious assembly. 405. Committing trespass on place of worship or burial. 406. Blasphemous acts, utterances, etc. Offences Relating to Ordeal, Witchcraft and Juju 407. Trial by ordeal. 408. Prohibition of juju. 409. Offences relating to witchcraft and juju. 410. Attending places of witchcraft or trial by ordeal. 411. Causing death by witchcraft or juju. 412. Criminal charms. 413. Cannibalism. 414. Unlawful possession of human corpse or any part thereof SCHEDULE B PART A: PART B: PART C: PART D: PART E: PART F: PART G: PART H: PART I: PART J: Cases that warrant the penalty of qisas. Cases that warrant the payment of the full amount of diyah. Cases that warrant triple payment of the full diyah. Cases that warrant the payment of half of the full diyah. Cases that warrant the payment of one-third of the full diyah Cases that warrant the payment of one-tenth of the full diyah. Cases that warrant the payment of one-twentieth of the full diyah. Cases that warrant the payment of one-thirtieth of the full diyah. Cases that warrant the payment of three-twentieths of the full diyah. Cases that do not warrant the payment of diyah but are subject to computation of damages only (hukumah). 44
CILS HARMONISED SHARIA PENAL CODE ANNOTATED THE SHARIA PENAL CODE LAW 200_ A BILL FOR A LAW TO ESTABLISH A SHARIA PENAL CODE FOR ……………….. STATE BE IT ENACTED by the ……………… State House of Assembly as follows: 1. This Law may be cited as the Sharia Penal Code Law, 200_ and it shall come into operation on the ....... day of .................... 1 2. The provisions contained in the schedules to this Law 2 shall be the law of the State 3 with respect to the several matters therein dealt with and the said schedules may be cited as 4 the Sharia Penal Code. 3. Every person who is a Muslim and/or every other person who voluntarily consents to the exercise of the jurisdiction of any of the Sharia Courts established under the Sharia Courts Law, ………. shall be liable to punishment under this law for every act or omission contrary to the provisions thereof of which he shall be guilty within the State. 5 1 PC: “This Law may be cited as the Penal Code Law”. Kebbi enacted its Sharia Penal Code by a “Penal Code (Amendment) Law 2000” which amended its former Penal Code Law, the new Sharia Penal Code becoming the first Schedule, and the former Penal Code becoming the Second Schedule thereto. PC and Sokoto specify the date of commencement by a separate un-numbered notation preceding the first section. 2 Katsina adds here: “and the Islamic Penal System (Adoption) Law 2000”, referring to the statute of that name enacted on 31 st July 2000, see Supplement to Katsina State Gazette No. 5 Vol. 11 of 10 August 2000 pp. A97-A98. That statute enacts that: “3. (1) Notwithstanding any provision contained in the Penal Code and the Criminal Procedure Code, proceedings for the determination of any civil or criminal matter before any Sharia Court shall be governed in accordance with the primary sources of Islamic Law, that is to say – (a) Qur’an; and (b) Hadith. (2) Subject to the provisions contained in the texts mentioned in subsection (1) of this section, a Sharia Court is empowered, in any proceedings before it to refer to and utilise the texts in the Maliki School of Law: Provided that they are in consonance with the Qur’an and Hadith. 4. Offences committed on or after the date of commencement of this Law shall be tried in accordance with the provisions of this Law”. There were objections, at the time, that this enactment did not comply with §36(12) of the Nigerian Constitution of 1999, which provides that “a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law; and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.” The full Katsina State Sharia Penal Code Law annotated here was then enacted in 2001; but offences under the Islamic Penal System (Adoption) Law were still triable, see n. to §7 below. 3 PC: “law of Northern Nigeria”; and in general, where in this Draft Harmonised Code and in the SPCs references are made to “the State”, PC has “Northern Nigeria”; this will not be specially noted subsequently. Gombe, Kebbi: “the law of [Gombe or Kebbi] State”. 4 PC and all SPCs except Gombe, Kano, Katsina add here: “and is hereinafter [or hereby] called”. 5 PC: “(1) Every person shall be liable to punishment under the Penal Code for every act or omission contrary to the provisions thereof of which he shall be guilty within Northern Nigeria. (2) After the commencement of this Law no person shall be liable to punishment under any native law or custom.” All SPCs, on the contrary, agree in limiting their application to Muslims or to others who voluntarily consent to the jurisdiction of the Sharia courts in which the SPCs are to be applied; those not subject to the SPCs then go under the old PC. Katsina omits the concluding phrase “for every act or omission 45
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