vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
365. Whoever by doing any act or by omitting to keep in order any property in his
possession or under his charge causes obstruction to any person in any public way or public
line of navigation, shall be punished with imprisonment for a term which may extend to one
year or with fine or twenty lashes. 547
366. Whoever being an employee engaged in any work connected with the public health or
safety or with any service of public utility ceases from such work in pre-arranged agreement
with two or more 548 other such employees without giving to his employer twenty-one days
notice 549 of his intention so to do, shall, if the intention or effect of such cessation is to
interfere with the performance of any general service connected with public health, safety or
utility to an extent which will cause injury or damage or grave inconvenience to the
community, be punished with imprisonment for a term which may extend to six months, or
with fine, or with caning which may extend to twenty lashes. 550
367. Whoever does any act in a manner so rash or negligent as to endanger human life or
to be likely to cause hurt or injury to any person or property, or knowingly or negligently
omits to take such order with any property or substance in his possession or under his
control or with any operations under his control as is sufficient to guard against probable
danger to human life from such property, substance or operations, shall in addition to any
other punishment under this law be punished with imprisonment for a term which may
extend to one year or with fine, or with caning which may extend to thirty lashes. 551
368. Whoever knowingly or negligently omits to control any animal in his possession
sufficiently to guard against any probable danger to human life or grievous hurt from such
animal, shall be punished with imprisonment for a term which may extend to one year or
with fine, or with caning which may extend to twenty lashes. 552
369. Whoever commits a public nuisance in any case not otherwise punishable by this law,
shall be punished: 553
(a) with imprisonment for a term which may extend to one year; 554 or
(b) with caning which may extend to thirty lashes or with fine or with both. 555
547 PC, Bauchi: 2 years/fine/both. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 1 year/fine/both.
Kano: 1 year/N20,000 fine/both. Katsina: 2 years/N20,000 fine/both. Kaduna: ta’azir.
548 Bauchi: 1 or more.
549 PC: 15 days.
550 Kano and Katsina omit this section entirely. Punishments: PC: 6 months/fine/both. Bauchi: up to 1
year or fine and up to 20 lashes. Kaduna: ta’azir.
551 PC: up to 6 months or up to £50 or both. Bauchi: up to 1 year with fine and up to 20 lashes.
Gombe, Jigawa, Kebbi: up to 1 year with fine or up to 30 lashes. Kano: up to 6 months or N5,000 fine
or up to 30 lashes. Kaduna: “shall in addition to any other punishment under this code be liable to
ta’azir punishment.”
552 PC: up to 6 months or up to £20 or both. Kano and Katsina divide the punishments into two
subsections: Kano: (a) up to 1 year or up to N10,000 fine or up to 40 lashes or all. (b) “but if the injury
inflicted by the animal is so serious, shall pay (diyah)”. Katsina: (a) up to 1 year or up to N10,000 fine,
or (b) up to 40 lashes. Kaduna: ta’azir.
553 Kano and Katsina omit this section entirely, see notes to §354. Gombe also omits the section,
without otherwise providing for these cases as do Kano and Katsina. PC and Kaduna do not divide
the punishments into subsections, punishing as follows: PC: 1 year or fine or both. Kaduna: ta’azir.
554 Bauchi: 6 months.
555 Bauchi: 40 lashes/fine/both.
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