vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
(a) by a person under fear of injury, or under a misconception of fact, and if the person
doing the act knows, or has reason to believe, that the consent was given in consequence
of such fear or misconception; or
(b) by a person who, from unsoundness of mind or involuntary intoxication, 61 is unable
to understand the nature and consequence of that to which he gives his consent; or
(c) by a person who is under eighteen years of age or has not attained puberty. 62
39. A person is said to “harbour” another person who has committed or intends to commit
an offence or who is seeking to evade arrest when he supplies that other with shelter, food,
drink, money, clothes, arms, ammunition, or means of conveyance, or assists that other in
any way to evade arrest.
40. The word “genital” includes the vagina and the rectum. 63
41. The word "zina" includes adultery and fornication. 64
42. The word “married” means having ever consummated a valid marriage, such
consummation not being done whilst in a state of fasting or seclusion thereof (i’tikaf), or in a
state of ritual consecration of pilgrimage (ihram), or in a state of menstruation. 65
43. The words "sadaq al-mithli" denote the dower due to brides within the same social,
educational and family background. 66
44. The word "rajm” means the penalty of stoning or pelting to death of a Muslim convicted
for the offence of “zina”, rape, incest or sodomy. 67
45. The word "hirz" denotes any location, place or means 68 that is customarily understood
to represent safe keeping or custody or protection.
46. The word "nisab " denotes the minimum amount of property, or its value not below a
quarter of a dinar or three dirhams which, if stolen, shall attract hadd punishment. 69
47. The word "taklif" denotes the age of attaining legal and religious responsibilities. 70
48. The word "mukallaf' denotes a person possessed of full legal and religious capacity. 71
61 PC omits “involuntary”.
62 PC: under 14 years of age. Bauchi: under the age of maturity.
63 PC omits this section.
64 PC omits this section.
65 PC omits this section. All SPCs except Kaduna define marriage “in relation to punishment for
adultery” or “under the meaning of the punishment for adultery”: “means being married or ever
consummating a valid marriage.” Kaduna just says “‘marriage’ means being married or ever
consummating a valid marriage”. No SPC has the elaborate definition given here.
66 PC omits this section.
67 PC omits this section. Bauchi, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara omit “rape, incest or
sodomy”. Kaduna: “The word ‘rajm’ means the execution of death penalty on a Muslim convicted for
the offence of zina, rape, incest or sodomy through stoning by more than one person, firing squad or
hanging.”
68 PC omits this section. All SPCs except Kaduna: “any location or place”.
69 PC omits this section. All SPCs except Kaduna and Yobe: “minimum amount of property, liable to
payment of zakat, or which if stolen, the thief shall be liable to hadd punishment.” Yobe: “minimum
amount of property (rubu ¼ dinar) which, if stolen . . .”.
70 PC omits this section. Bauchi adds: “and is the age of maturity”. Sokoto: “the state of attaining legal
and religious responsibilities by both age and mental soundness”.
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