vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES Katsina: Sharia Penal Code Law 2001, Law No. 2 of 2001, no date of signing given, coming into operation on 20 th June 2001, Katsina State Gazette Vol. 12 No. 23, 27 th August 2001. Gombe: Sharia Penal Code Law 2001, signed into law on 23 rd November 2001, no date of coming into operation given, no gazette information available, photocopy of signed original in possession of editor. Kaduna: Sharia Penal Code Law 2002, Law No. 4 of 2002, signed into law on 21 st June 2002, coming into operation on 21 st June 2002, Kaduna State Gazette No. 17 Vol. 36, 4 th July 2002, pp. A15-A108, a separate bound volume (with Sharia Criminal Procedure Code). 2. Not included in the annotations: Borno: Sharia Penal Code Law 2001, signed into law on 3 rd March 2003, no date of coming into operation given, no gazette information available, photocopy of signed original in possession of editor. Niger: Penal Code (Amendment) Law 2000, HB.4/2000, signed into law on 22 nd February 2000, coming into operation on 4 th May 2000, Niger State Gazette Vol. 25 No. 8, 9 th March 2000. Zamfara: Sharia Penal Code Law 2005, No. 5 of 2005, signed into law on 23 rd November 2005, no date of coming into operation given,no gazette information available, photocopy of signed original in possession of editor. The Borno law was not obtained until May 2006, after the work of annotation of the CILS code had been completed. The Niger law is not a complete Sharia Penal Code: it merely amends the Penal Code of 1960, laying down that certain sections, when applied to Muslims, will carry different burdens of proof and different punishments than when applied to non-Muslims; it is printed in its entirety as part IV of this chapter. The Zamfara Sharia Penal Code of 2005 is the CILS code published and annotated here (except for certain corrections subsequently made to the CILS code). 3. Some comments on the annotations. In making our annotations we have ignored what we considered to be clearly typographical errors (of which the Sharia Penal Codes published by the States are full), unless the meaning was unclear, in which case we noted it. We have also ignored what we considered to be immaterial variations. For instance, CILS §173 defines the crime of “cheating by personation”. Some of the codes have “personification” instead of “personation”: we did not note that. A greater difficulty was presented by the many variations, not only in punishments, but in the manner of specifying punishments. One example will illustrate how we have tried to deal with this without unduly lengthening the notes. CILS §157 states that whoever is convicted of putting any person in fear of injury in order to commit extortion “shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.” The footnote reads as follows: PC: 2 years or fine or both. Bauchi, Jigawa, Kano, Katsina, Kebbi, Zamfara: 5 years/15 lashes. Sokoto: 2 years/15 lashes. Yobe: 5 years/50 lashes. Gombe: 5 years/caning. Kaduna: ta’azir. 34
CILS HARMONISED SHARIA PENAL CODE ANNOTATED One difference between the PC and CILS is the difference between “and” and “or”: this is clearly noted. But this still leaves the footnote ambiguous as to whether the indicated numbers are maximums, minimums, or to be imposed exactly as stated, and also as to whether the punishments specified by the States are conjunctive or disjunctive. To resolve these ambiguities the reader should read the variants back into the language of the section being annotated. Thus all the numbers in this case are maximums, and the stroke means “and shall also be liable to”. Where this does not work we have made fuller notes. There remain some ambiguities in the language of the codes which we have of course not attempted to resolve. 4. Omission of section titles in the body of the code. The titles of the code sections are given at the beginning under the heading “Arrangement of Sections”. In order to save space we have not repeated the titles in the body of the code; anyone wanting to know the title of a particular section can refer to the list at the beginning. 5. Note on spellings, formatting, etc. As throughout this work, we have corrected and standardised spellings, capitalisations, etc. in the Harmonised Sharia Penal Code, and made adjustments to the formatting. This is discussed further in the Preface to Volumes I - V. 6. The CILS Harmonised Sharia Penal Code Annotated follows. 35
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