vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES instant wrongful restraint in circumstances that render such person helpless or incapable of defending himself, is said to commit the offence of hirabah. 204 152. Whoever commits hirabah shall be punished: 205 (a) with imprisonment for life where the offence was committed without seizure of property or causing death; 206 (b) with amputation of the right hand from the wrist and the left foot from the ankle where property was seized, but death was not caused; (c) with death sentence where death was caused, but property was not seized; 207 (d) with salb, where murder was committed and property was seized. 208 153. Whoever makes any preparation for committing the offence of hirabah, shall be punished with imprisonment for a term not exceeding one year and shall also be liable to caning which may extend to fifty lashes. 209 154. Whoever belongs to a gang of persons associated for the purpose of committing hirabah, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to fifty lashes. 210 Extortion 155. Whoever intentionally puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any 204 Kaduna: “… or to commit theft, armed with any dangerous weapon or instrument…”, and other minor variations. Bauchi: “Hirabah (Brigandage and Armed Robbery) occurs when a person acting singly or in concert with others, commits theft through violence or profits by the fact that his victim(s) are far from help and openly seizes them or their goods, through: (a) the use of narcotics; (b) enticement and ambush; c) the use of naked violence including murder in any area.” PC defines robbery as theft done by causing or attempting to cause death or hurt etc. or extortion done by putting in fear of same; there are 4 illustrations. Brigandage is defined as robbery or attempted robbery by 5 or more persons. 205 PC, like the SPCs, varies the punishments for robbery and brigandage depending on the circumstances, but the parameters and the punishments are different than here. Simple robbery: up to 10 years and fine. If at night on the highway or a person sleeping outside: up to 14 years and fine. If by a person armed with a dangerous weapon: up to life and fine. If hurt caused: up to 14 years and fine. If culpable homicide committed during brigandage: all brigands: death. Etc. 206 Gombe: up to 14 years. Sokoto: up to 5 years. 207 Kano and Katsina: “with death sentence where death was caused”; and Kano and Katsina omit subsection (d). 208 Only Kaduna uses salb; others have “crucifixion”. Bauchi: “death by impalement (crucifixion)”. Kano and Katsina omit this subsection, see previous note. 209 Bauchi: up to 1 year and 40 lashes. Kaduna: ta’azir. Kebbi: up to 7 years and up to 50 lashes. Kano and Katsina omit this section entirely. PC: “preparation for committing brigandage”: up to 10 years and fine. 210 Bauchi: 21 years/40 lashes. Kebbi: 7 years/50 lashes. Kano: 5 years/100 lashes. Katsina: refers back to “Paragraph 140 [here, §152] (a), (b) or (c) as the case may be.” Kaduna: ta’azir. PC §305: “associated for the purpose of habitually committing brigandage”: up to 14 years and fine. §306: “belongs to any wandering gang of persons associated for the purpose of habitually committing theft or robbery and not being a gang of brigands”: up to 7 years and fine. §307: “is one of five or more persons assembled for the purpose of committing brigandage”: up to 7 years and fine. 76
CILS HARMONISED SHARIA PENAL CODE ANNOTATED property or document of title or anything signed or sealed which may be converted into valuable security, commits extortion. 211 156. Whoever commits extortion shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifty lashes. 212 157. Whoever in order to commit extortion puts any person in fear or attempts to put any person in fear of any injury to that person or to any other, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes. 213 158. Whoever in order to commit extortion puts any person in fear or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to fifty lashes. 214 159. Whoever commits extortion by putting any person in fear of an accusation against that person or any other of having committed or attempted to commit any offence punishable with death or with imprisonment for a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to fifty lashes. 215 Criminal Misappropriation 160. Whoever dishonestly misappropriates or converts to his own use any movable property, commits criminal misappropriation. 216 161. Whoever commits criminal misappropriation shall be punished with imprisonment for a term which may extend to one year or with caning which may extend to forty lashes or with both. 217 162. Whoever commits criminal misappropriation of property knowing that the property so misappropriated was in the possession of a deceased person at the time of that person's 211 PC gives five illustrations after this section, of which Sokoto includes the following two: “(a) A threatens to publish a defamatory libel concerning Z, unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A, not pretending to be a judicial officer, usurps the functions of a court by unlawfully using his position in the community to force Z to pay a fine to him under threat of injury. A has committed extortion.” 212 PC: 5 years or fine. Bauchi: up to 5 years and 40 lashes. Sokoto: 1 year/50 lashes. Kaduna: ta’azir. 213 PC: 2 years or fine or both. Bauchi, Jigawa, Kano, Katsina, Kebbi, Zamfara: 5 years/15 lashes. Sokoto: 2 years/15 lashes. Yobe: 5 years/50 lashes. Gombe: 5 years/caning. Kaduna: ta’azir. 214 PC: 14 years and fine. Bauchi: 14 years/40 lashes. Gombe, Jigawa, Kano, Katsina, Kebbi, Yobe, Zamfara: 14 years/50 lashes. Sokoto: 5 years/50 lashes. Kaduna: ta’azir. 215 Sokoto lowers the threshold of the offence: threatening accusation of a crime “punishable with death or with imprisonment for a term which may extend to five years”. Punishments: PC: 14 years and fine. Bauchi, Gombe, Jigawa, Kano, Katsina, Yobe, Zamfara: 14 years/50 lashes. Kebbi: 10 years/50 lashes. Sokoto: 5 years/50 lashes. Kaduna: ta’azir. 216 PC has two explanations and ten illustrations, omitted here and in all SPCs. 217 PC: 2 years or fine or both. Kano as here. Bauchi, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 1 year or 15 lashes or both. Katsina: 1 yr/50 lashes. Kaduna: ta’azir. 77
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