vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
(b) Caning which may extend to fifty lashes.
(2) Whoever before the birth of any child does any act with the intention of thereby
preventing that child from being born alive or causing it to die after its birth and does
by such act cause it to die after its birth, shall, if such act be not caused in good faith
for the purpose of saving the life of the mother, be punished with qisas. 289
210. Whoever does any act in such circumstances that, if he thereby caused death he would
be guilty of intentional homicide, 290 and does by such act cause the death of a quick unborn
child, shall be punished with the payment of ghurrah, in addition to the punishment for the
offence of attempt to cause the death of the woman. 291
211. Whoever being the father or mother or having the care of a child under the age of
fifteen years exposes or leaves such child in any place with the intention of wholly or partly
abandoning such child, shall be punished with imprisonment for a term which may extend to
three years and shall be liable to caning which may extend to forty lashes. 292
212. Whoever having the charge or care of a child under the age of fifteen years or being in
a position of authority over him wilfully ill-treats or neglects him in such a way as to cause
him unnecessary suffering, or denies him access to education shall be punished: 293 -
(a) with imprisonment for a term which may extend to one year or with fine or with
both; 294 and
(b) if the ill-treatment or neglect results in serious injury to the health of such child,
the offender shall be punished with imprisonment for a term which may extend to five
years and payment of diyah. 295
213. Whoever, by secretly burying or otherwise disposing of the dead body of a child
whether such a child dies before or after or during its birth, intentionally conceals or
endeavours to conceal the birth of such child, 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
thirty lashes. 296
289 Only Kaduna, as here, divides this section into two subsections, in effect distinguishing between the
case where the child is born dead and the case where it is born alive, and varying the punishments
accordingly. Kaduna’s only variation from what is here: punishment under subsection (1): ghurrah
/ta’azir. PC and all other SPCs: whether the intention was to prevent a live birth or to cause the baby
to die after being born alive, and whether the baby is born dead or alive, the punishment is: PC: up to
14 years or fine or both; SPCs: “(a) with qisas; and (b) if without intention with payment of diyah.”
290 PC: “culpable homicide”.
291 PC: up to life and fine. Kano: up to 1 year and payment of ghurrah and up to one hundred lashes.
Katsina: like Kano, except omits caning. PC also includes an illustration omitted in all SPCs.
292 PC: “under the age of twelve years”; Bauchi: “maturity”; Kano, Katsina: “puberty”. PC: 7 years or
fine or both. Bauchi: 1 year/40 lashes. Sokoto: 1 year. Kaduna: ta’azir. PC also has an explanation.
293 Bauchi: “under the age of maturity”. Kano, Katsina: “puberty”. Only Kaduna includes “or denies
him access to education”.
294 PC: 2 years/fine/both. Bauchi: 3 years/fine/both. Kano, Katsina: 1 year/fine of N10,000/both.
Kaduna: ta’azir.
295 PC and Kebbi: 5 years/fine/both. Bauchi, Gombe, Sokoto, Yobe, Zamfara: 5 years. Jigawa: 3
years/30 lashes. Kano, Katsina: 5 years/N5,000 fine/both. Kaduna: diyah.
296 PC: 2 years/fine/both. Bauchi: 5 years/40 lashes. Kebbi: 1 year/30 lashes. Kaduna: ta’azir.
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