vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
130. (1) Subject to the provisions of subsection (2), whoever commits the offence of
sodomy shall be punished with stoning to death (rajm). 175
(2) Whoever has anal coitus with his wife shall be punished with caning which may
extend to fifty lashes. 176
Explanation:
Mere penetration is sufficient to constitute anal coitus necessary to the offence of sodomy. 177
Incest 178
131. (1) Whoever being a man, has sexual intercourse with a woman who is and whom he
knows or has reason to believe to be his daughter, his grand daughter, his mother or
any other of his female ascendants or descendants, his sister or the daughter of his
sister or brother or his paternal or maternal aunt has committed the offence of incest.
(2) Whoever, being a woman, voluntarily permits a man who is and whom she knows
or has reason to believe to be her son, her grandson, her father or any other of her
male ascendants or descendants, her brother or the son of her brother or sister or her
paternal or maternal uncle to have sexual intercourse with her, has committed the
offence of incest. 179
132. Whoever commits incest shall be punished: 180
(a) with caning of one hundred lashes if unmarried, and where the offender is a male
shall also be liable to imprisonment for a term of not less than one year and not
exceeding five years; 181 or
(b) if married, with stoning to death (rajm).
175 Only Yobe is as here. Kaduna, Katsina and Kebbi: “Whoever commits the offence of sodomy shall
be punished with stoning to death (rajm).”Bauchi adds: “or by any other means decided by the state.”
Gombe, Jigawa, Kano and Zamfara: “Whoever commits the offence of sodomy shall be punished: (a)
with caning of 100 lashes if unmarried and shall also be liable to imprisonment for a term of one year,
or (b) if married [Kano: or has previously been married] with stoning to death (rajm).” Sokoto: “shall
be punished (a) with stoning to death; (b) if the act is committed by a minor on an adult person the
adult person shall be punished by way of ta’azir which may extend to 100 lashes and minor with
correctional punishment.”
176 Only Kaduna and Yobe vary the punishment in the case of sodomy with the wife, as here. Yobe:
punishment as here. Kaduna: ta’azir.
177 Gombe and Kaduna omit this explanation.
178 Kano and Katsina omit the offence of incest.
179 PC includes subsections (1) and (2) in one section, which also specifies the punishment. PC also
includes an explanation: “In this section words expressing relation include relatives of the half blood
and relatives whose relation is not traced through a lawful marriage.”
180 PC omits subsections (a) and (b), punishing all incest “with imprisonment for a term which may
extend to seven years and shall also be liable to fine.”
181 Bauchi, Gombe, Jigawa, Kebbi, Sokoto, Yobe, and Zamfara omit the limitation of the punishment
of imprisonment to males. All states make the term of imprisonment one year. Kebbi adds: “PROVE:
Four trustworthy male witnesses to the act of incest.”
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