vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
False Accusation of Zina (Qadhf) 189
138. Whoever by words either spoken or reproduced by mechanical or electronic 190 means
or intended to be read or by signs or by visible representations makes or publishes any false
imputation of zina or sodomy concerning a chaste person 191 or contests the paternity of such
person even where such person is dead, is said to commit the offence of qadhf.
Provided that a person is deemed to be chaste who has not been convicted of the
offence of zina or sodomy.
139. Whoever commits the offence of qadhf shall be punished with caning of eighty
lashes. 192
140. The offence of qadhf shall be remitted in any of the following cases:
(a) where the complainant (maqdhuf) pardons the accuser (qadhf)
(b) where a husband accuses his wife of zina and undertakes the process of mutual
imprecation (li’an);
(c) where the complainant (maqdhuf) is a descendant of the accuser (qadhf).
Defamation 193
141. (1) Whoever by words either spoken or reproduced by mechanical or electronic 194
means or intended to be read or by signs or by visible representations makes or
publishes any imputation concerning a person, intending to harm or knowing or
having reason to believe that such imputation will harm the reputation of such person,
is said, save in the cases hereinafter excepted, to defame that person.
(2) It is not defamation -
(a) to impute anything which is true concerning any person, if it be for the public
good that the imputation should be made or published; whether or not it is for
the public good is a question of fact;
(b) to express in good faith any opinion whatever respecting the conduct of a
public servant in the discharge of his public functions or respecting his character
so far as his character appears in that conduct and no further;
(c) to express in good faith any opinion whatever respecting the conduct of any
person touching any public question and respecting his character so far as his
character appears in that conduct and no further;
teacher, guardian or any person entrusted with his care or education shall not be deemed to be a
consent within the meaning of this section.”
189 PC omits these provision on qadhf.
190 Only Kaduna includes “or electronic”.
191 All SPCs add after ‘chaste person’: muhsin; similarly after ‘chaste’ in next sentence.
192 Bauchi, Gombe, Jigawa, Katsina, Kebbi, Sokoto, Yobe, Zamfara add: “and his testimony shall not
be accepted thereafter unless he repents before the court.” “Before the court” however omitted in
Sokoto.
193 PC includes identical provisions on defamation, only varying the punishment as noted below. PC
also includes many explanations and illustrations omitted here and in all SPCs.
194 Only Kaduna includes “or electronic”.
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