vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
49. The words "waliyy al-damm " include male agnatic heirs, daughters, full sisters, paternal
aunts and consanguine sisters. 72
50. The words "qatl al gheelah " denote the act of luring a person to a secluded place and
killing him to take away his property. 73
** [al-aqila] 74
51. The word "wa’az " denotes admonishing a person who has committed an offence. 75
52. The word "tashheer" denotes public disclosure of a person convicted of an offence. 76
53. The word "hajar " denotes social boycott of the offender by the public. 77
54. The word "al-musadarah" denotes confiscation of property owned by the offender. 78
55. The word "ghurrah” denotes compensation which is paid in respect of causing
miscarriage of fetus. 79
56. The word "ta’azir” denotes any punishment applied or fixed by the State for an offence
the punishment of which is not specified by way of hadd or qisas. 80
57. The word "hudud" denotes offences or punishments that are fixed under the Sharia and
includes offences or punishments as provided under sections 125, 126, 127, 128, 129, 130,
131, 132, 138, 139, 143, 144, 148, 150, 151, 152 and 341 of this law. 81
71 PC omits this section. Sokoto: “possessed of full legal age, mental soundness and religious capacity”.
72 PC omits this section. All SPCs except Kaduna and Sokoto: “male agnatic heirs, including three
classes of females: full sister whether alone, consanguine sister and daughter, who are agnatised by
their bothers.” Kaduna: “legal heirs of a deceased victim of homicide”. Sokoto: “male agnatic heirs
including daughter, full sister, paternal sister and consanguine sister”.
73 PC omits this section. Bauchi, Gombe, Kano, Katsina: “luring a person to a secluded place and
killing him”. Kaduna: “luring a person, killing him and taking away his property”.
74 All SPCs insert here (or, in the case of Kebbi and Sokoto, in alphabetical order within the
definitions) a definition of “al-aqila”. All except Kaduna: “agnatic relatives of the killer who are
responsible jointly for the payment of diyah each according to his capacity”. Kaduna: “legal heirs and
other associates whether individual or corporate of the killer who are responsible jointly or severally
for the payment of diyah”. PC omits this definition.
75 PC omits this section. SPCs: “reminding [Gombe: admonishing; Kano, Katsina: warning] the person
who has committed a transgression that he has done an unlawful act”.
76 PC omits this section. All SPCs except Kaduna and Kebbi: “public disclosure usually consists of the
taking of the offender by some of the court officials to every [Kano, Katsina: any] part of the city and
telling the people what he had committed for which he had received a ta’azir punishment”. Kaduna:
“the taking of the convict by court officials to parts of the city telling the people what offence he has
committed”. Kebbi: “the public display of offender by court officials, taking him to every part of the
city, making public the offence for which he had received ta’azir punishment”.
77 PC omits this section. All SPCs except Kaduna: “boycotting the offender by the public”. Bauchi
rather defines “hujran”, and Kano and Katsina “hijran”: “boycotting the offender by the public”.
78 PC omits this section.
79 PC omits this section. All SPCs except Kaduna: “compensation which is equivalent to 1/20 of diyah
paid in respect of causing miscarriage of fetus”.
80 PC omits this section. Bauchi: “the body of Islamic laws pertaining to correctional punishment left
to the discretion of the judge”. All other SPCs except Kaduna, Yobe: “a discretionary punishment for
offence whose punishment is not specified”. Kaduna: “any punishment not provided for by way of
hadd or qisas and includes the offences under section 96(1) [here §93] except paragraphs (g) and (h)
thereof”. Yobe: as here.
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