vol_4_4_chapter_4_part_III

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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”. 72
CILS HARMONISED SHARIA PENAL CODE ANNOTATED (d) to publish a substantially true report of proceedings of a Court of Justice or of the result of any such proceedings; (e) to express in good faith any opinion whatever respecting the merits of any case civil or criminal which has been decided by a court of justice or respecting the conduct of any person as a <strong>part</strong>y, witness or agent in any such case or respecting the character of such person as far as his character appears in that conduct and no further; (f) to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public or respecting the character of the author so far as his character appears in such performance and no further; (g) in a person having over another any authority either conferred by law or arising out of a lawful contract made with that other to pass in good faith any censure on the conduct of that other in matters to which lawful authority relates; (h) to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of the accusation; (i) to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person making it or of any other person or for the public good; (j) to convey a caution in good faith to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed or of some person in whom that person is interested or for the public good. 142. Whoever defames another shall be punished with caning which may extend to forty lashes and may be liable to imprisonment for a term which may extend to six months or fine which may extend to five thousand naira or with both. 195 Theft (Sariqah) 143. The offence of theft shall be deemed to have been committed by a person who covertly, dishonestly and without consent, takes any lawful and movable property belonging to another, out of its place of custody (hirz) and valued not less than the minimum stipulated value (nisab) without any justification. 196 144. Whoever commits the offence of theft punishable with hadd shall be punished with amputation of the right hand from the joint of the wrist; and where the offender is convicted for the second theft, shall be punished with the amputation of the left foot from the ankle; and where the offender is convicted for the third theft, shall be punished with the amputation of the left hand from the joint of the wrist; and where the offender is convicted for the fourth theft, shall be punished with the amputation of the right foot from the ankle; 195 PC: 2 years or fine or both. Bauchi, Zamfara: 2 years and 40 lashes. Gombe, Jigawa, Kano, Katsina, Kebbi, Sokoto, Yobe: 1 year and 40 lashes. Kaduna: ta’azir. 196 PC: “(1) Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to take it is said to commit theft. (2) Whoever dishonestly abstracts, diverts, consumes or uses any electricity or electric current is said to commit theft.” In PC, five explanations and fourteen illustrations follow. 73
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