vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
any other punishment to which he might be sentenced for any offence not punishable with
death. 135
Explanation:
In a situation where death sentence or hadd or qadhf punishments are combined the punishment of hadd
shall precede that of death. 136
101. A sentence of reprimand (tawbikh), or warning (tahdid), exhortation (wa'az) or boycott
(hajar) may be passed by any court whether trying the case summarily or otherwise on any
offender in lieu of, or in addition to any other punishment to which he might be sentenced
for any offence not punishable with death, or offences falling under hudud or qisas. 137
102. Any person who is convicted of an offence under this law shall, in addition to the
punishment for the offence, be ordered to make complete restitution of any benefits,
moneys, funds or properties obtained by the crime or other illegal means to the person(s),
authorities, bodies or corporations concerned, and the court may, upon application by the
victim or his relatives, order compensation for any injury that had resulted from the offence,
in accordance with provisions of the relevant Act or Law. 138
103. The court may order the closure of any premises used in conducting in any way any
business in contravention of the provisions of this law for a period of not less than one
month and not exceeding one year. 139
CHAPTER IV – JOINT ACTS
104. When a criminal act is done by several persons in furtherance of the common
intention of all, each of such persons is liable for that act in the same manner as if it were
done by him alone.
105. Whenever an act, which is criminal only by reason of its being done with a criminal
knowledge or intention, is done by several persons, each of such persons who joins in the
act with such knowledge or intention is liable for the act in the same manner as if the act
were done by him alone with that knowledge or intention.
106. When an offence is committed by means of several acts, whoever intentionally cooperates
in the commission of that offence by doing any one of those acts, either singly or
jointly with any other person, commits that offence. 140
135 Not in Kaduna. PC limits the caning to twelve strokes, and to male offenders.
136 Only Kano and Katsina have this explanation.
137 Not in PC. Kano and Katsina omit warning.
138 Not in Kaduna. PC provides for “compensation to any person injured … in addition to or in
substitution for any other punishment.” Sokoto: “upon application by the victim or his legal
representative and in case of victim’s death by his legal heirs, order compensation … in accordance
with the relevant provisions of this code or the general principles of Maliki School of thought.” Note
also the section on compensation included in the chapter on GENERAL EXPLANATIONS AND
DEFINITIONS, above §37.
139 Not in PC. Bauchi and Katsina omit the period of closure. Jigawa: “not exceeding one year or
pending the determination of the case.” Kaduna allows the court to vacate any such order to allow the
premises to be used for any legitimate purpose.
140 PC has three illustrations to this section, of which Sokoto alone includes one, the second, as
follows: “A and B are joint jailors and as such have the charge of Z a prisoner alternately for six hours
at a time. A and B intending to cause Z’s death knowingly co-operate in causing that effect by illegally
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