vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
(c) if the doer of the act knew or had reason to know that death would be the
probable and not only a likely consequence of the act or of bodily injury which the act
was intended to cause 269 ,
commits the offence of intentional homicide (qatl al-amd).
199. Whoever commits the offence of intentional homicide shall be punished:
(a) with death; or
(b) where the relatives of the victim remit the punishment in (a) above, with the
payment of diyah; or
(c) where the relatives of the victim remit the punishment in (a) and (b) above, with
caning of one hundred lashes and with imprisonment for a term of one year: 270
Provided that in cases of intentional homicide by way of gheelah or hirabah, the
punishment shall be with death only. 271
200. Whoever being a mukallaf causes the death of any other person by mistake or accident,
or by doing a rash or negligent act is said to commit unintentional homicide. 272
201. Whoever commits the offence of unintentional homicide shall be punished -
(a) Where the death was caused by mistake or accident, with payment of diyah; or
(b) Where the death was caused by a rash or negligent act, with payment of diyah, a
term of imprisonment which may extend to six months and shall also be liable to
caning which may extend to fifty lashes. 273
202. Whoever being a waliyy al-damm of a deceased person causes the death of the suspect
alleged to have killed the deceased 274 shall be punished:
(a) with imprisonment for a term of six months and shall also be liable to caning
which may extend to fifty lashes, if it was proved that the person killed was the one
who caused the death of the deceased; 275 or
(b) where it was not proved that the suspect was the one who caused the death of the
deceased, or it was proved that the death of the deceased was caused by the suspect
269 Kaduna: “probable or likely consequence”. Kano (as subsection (b)): “by doing an act with
knowledge that he is likely by such act to cause death.” Then in Kano subsection (c) and Katsina
subsection (b): “by doing a rash and negligent act”.
270 Kano and Katsina: “where the relatives of the victim remit the punishment in paragraph (a) and (b)
above, the convict shall, in addition to the payment of diyah be imprisoned for a period not exceeding
10 years.” Kaduna omits subsection (c) entirely.
271 Gombe: “by way of assassination (qalt al-gheelah) or robbery (hirabah)”. Kaduna omits the proviso
entirely.
272 Only Kaduna includes “or by doing a rash or negligent act”. Bauchi: “by mistake such as with a
light stick or whip or any other thing of that nature which is not intrinsically likely or probable to cause
death commits the offence of unintentional homicide (qatl al-khata)”.
273 Only Kaduna divides the punishments into subsections (a) and (b); all the rest say simply “punished
with the payment of diyah”; cf. note to previous section. Kaduna subsection (b): “with payment of
diyah and liable to ta’azir punishment.”
274 Bauchi inserts here: “with the intention of retaliation before taking the matter to court,”.
275 Bauchi: 6 months/40 lashes. Kano and Katsina: 10 years/50 lashes. Kaduna: ta’azir.
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