Syariah Penal Code Order, 2013/Part IV Chapter II

Layout 2

Chapter II
QATL AND CAUSING HURT

Qisas.

118. For the purposes of this Order, "qisas" means retaliation or similar penalty for offences of qatlul-'amd or causing hurt to anybody.

Diyat.

119. For the purposes of this Order, "diyat" means the specified amount payable to the heirs of victim of qatl.

Value of diyat.

120. The value of diyat shall be 1000 dinar (4250 grammes of gold) or its value in the local currency at the time the offence of qatl was committed.

Illustration

If the market price of 1 gramme of gold is $80, the value of full diyat in Brunei currency is $340,000.

Arsy.

121. For the purposes of this Order, "arsy" means specified amount determined by Hukum Syara' (muqaddar) or specified amount not determined by Hukum Syara' (ghairu muqaddar) for compensation payable to the victim of hurt.

Badal-al-sulh.

122. For the purposes of this Order, "badal-al-sulh" means the mutually agreed compensation according to Hukum Syara' to be paid or given by the offender to a wali-ad-dam in cash or in kind or in the form of movable or immovable property.

Application of qisas, diyat and arsy.

123. Qisas, diyat and arsy shall apply according to the conditions provided under this Chapter.

Qatl

Qatl and its kinds.

124. (1) For the purposes of this Order, "qatl" means an act of a person which causes the death of another person.

(2) For the purposes of this Order, qatl consists of three kinds—

(a) qatlul-'amd;

(b) qatlu syibhil-'amd; and

(c) qatlul-khata'.

Qatlu.l-'amd.

125. For the purposes of this Order, "qatlul-'amd" means any of the following acts—

(a) the act which causes death is committed with the intention of causing death;

(b) the act is committed with the intention of causing bodily h?rm which he knows may cause death to the injured person; or

(c) the act is committed with the intention of causing bodily harm to a person and the bodily harm meant to be inflicted in the ordinary course of nature is sufficient to cause death.

Illustrations

(a) A shoots B with the intention of killing him. B dies in consequence of the shooting. A commits the offence of qatlul-'amd.

(b) A knowing that B is suffering from a disease that a blow is likely to cause his death, A strikes him with the intention of causing bodily harm. B dies in consequence of the blow. A is guilty of qatlul-'amd although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that B is suffering from any disease, gives him such a blow as in the ordinary course of nature would not kill a person in a sound state of health, here A, although he may intend to cause bodily harm, is not guilty of qatlul-'amd, if he did not intend to cause death, or such bodily harm as in the ordinary course of nature would cause death.

(c) A intentionally wounded B with a sword or an object which in the ordinary course of nature is sufficient to cause the death of a person. B dies in consequence. Here A has committed the offence of qatlul-'amd, although he may not have intended to cause B' s death.

Punishment for qatlul-'amd.

126. (1) Any person who commits qatlul-'amd and it is proved either by ikrar of the accused or syahadah of at least two syahid according to Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah ai syuhud, is guilty of an offence and shall be liable on conviction to death as qisas.

(2) Any—

(a) person who commits qatlul-'amd and it is proved by evidence other than that provided under subsection (1);

(b) person who is not mukallaf who commits qatlul-'amd; or

(c) mother or father who commits qatlul-'amd against her or his own child,

is guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.

Qatlul-'amd due to ikrah.

121. (1) Any person who commits qatlul-'amd due to ikrah tam is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years and the person causing ikrah tam shall be punished with death as qisas.

(2) Any person who commits qatlul-'amd due to ikrah naqish is guilty of an offence and shall be liable on conviction to death as qisas and the person causing ikrah naqish shall be punished with imprisonment for a term not exceeding 10 years.

(3) In this section—

"ikrah naqish" means any form of force which does not amount to ikrah tam;

"ikrah tam" means placing any person in fear of death upon himself, his family members or loss of his property which causes him to commit a wrongful act without his consent in which he is incapable of avoiding himself from committing such act.

Qatl caused by being hired.

128. Any person who commits qatl by being hired to cause the death of a particular person, the person who commits qatl and the hirer are guilty of an offence and shall be liable on conviction to death punishment as qisas.

Qatlul-'amd committed in self-defence.

129 (1) Any person who commits qatlul-'amd in the exercise of his right of self-defence in good faith shall not be subject to any liability for such qatl.

(2) For the purposes of subsection (1), such person shall not exceed the limits provided for self-defence.

Qatlul-'amd committed by public servant.

130. (1) Any public servant who commits qatlul-'amd in obedience to the law or in the lawful exercise of his powers or duties as a public officer shall not be subject to any liability for such qatl.

(2) For the purposes of subsection (1), such public servant shall not exceed the powers given to him by law and commits qatl by doing an act which he in good faith believes to be lawful and necessary for the discharge of his duty as public servant.

Right of qisas of wali-ad-dam in qatlul-'amd.

131. In qatlul-'amd, the right of qisas are as follows—

(a) where there is only one wali-ad-dam, he alone has the right of qisas;

(b) where there is more than one wali-ad-dam, the right of qisas vests in each of them;

(c) where the wali-ad-dam is not mukallaf. the right of qisas is taken over by his wali;

(d) where the victim has no wali-ad-dam, the right of qisas is exercised by His Majesty the Sultan and Yang Di-Pertuan.

Cases in which punishment of qatlul-'amd not enforced.

132. The punishment of qisas in qatlul-'amd shall not be enforced in any of the following cases—

(a) when the offender dies before the enforcement of qisas;

(b) when any wali-ad-dam or all the wali-ad-dam pardon; or

(c) when sulh between the victim's wali-ad-dam and the offender has been made.

Pardon in respect qatlul-'amd.

133. (1) In the case of qatlul-'amd, a wali-ad-dam who is mukallaf may, before execution of the punishment, pardon qisas on the offender whether with or without diyat.

(2) If a wali-ad-dam is not mukallaf, his wali may pardon qisas on the offender with diyat.

(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali, His Majesty the Sultan and Yang Di-Pertuan may pardon qisas on the offender with diyat.

(4) If a victim has more than one wali-ad-dam, any one of them may pardon qisas on the offender with or without diyat.

(5) For the purposes of subsection (4), the wali-ad-dam who does not pardon qisas or does not compound his right of diyat against the offender, shall be entitled to his share of diyat.

Illustration

A and B are wali-ad-dam to C who was killed by D. D has been convicted of the offence of qatlul-'amd and is liable to qisas. A has pardoned D while B does not pardon him or has not compound his right of diyat. B has a right to one-half of the diyat liable to D.

(6) If there are more than one victim, the pardon of qisas by the wali-ad-dam or wali of any one of the victims shall not affect the right of qisas of the wali-ad-dam or wali of the other victim.

Illustration

A caused B and C's death and has been convicted of the offence of qatlul-'amd and is liable to qisas punishment. B's wali-ad-dam or wali has pardoned A but C's wali-ad-dam or wali does not pardon him. A shall remain liable to qisas punishment because C's wali-ad-dam or wali does not pardon him although B's wali-ad-dam or wali pardons him.

(7) If there are more than one offender, the pardon of qisas on any one offender shall not affect the right of qisas on the other offender.

Illustration

A and B caused C's death and have been convicted of the offence of qatlul-'amd and is liable to qisas punishment. C's wali-ad-dam has pardoned qisas on A and does not pardon qisas on B. B remains liable to qisas punishment.

(8) Any pardon in respect of qatlul-'amd shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(9) If the wali-ad-dam or wali has pardoned qisas on the offender and has been confirmed by the Court, the pardon shall not be withdrawn.

(10) The diyat shall be paid immediately by the offender to the wali-ad-dam of the victim by cash, and in certain circumstances the Court may order the payment to be made in instalments for a period of not exceeding 3 years provided that there is a guarantee of payment acceptable by the wali-ad-dam of the victim.

Compound of qisas.

134. (1) In the case of qatlul-'amd, a wali-ad-dam who is mukallaf may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which may be less or more than the value of full diyat.

(2) If a wali-ad-dam is not mukallaf, his wali may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of full diyat.

(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali, His Majesty the Sultan and Yang Di-Pertuan may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of full diyat.

(4) Any compound of qisas in qatlul-'amd shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(5) Badal-al-sulh may be paid or given on demand by cash or on a fixed date as may be agreed upon between the offender and the wali-ad-dam of the victim.

Acquittal or punishment after pardon or compound of qisas.

135. The Court may, in the case of pardon or compound of qisas as provided in sections 133 and 134, as the case may be, in its discretion, having regard to the facts and circumstances of the case, acquits the offender against whom qisas has been pardoned or compound, or punishes him with imprisonment for a term not exceeding 15 years.

Illustration

A has caused B's death and has been convicted with the offence of qatlul-'amd and punished with qisas. B's wali-ad-dam or wali has pardoned A. Even though qisas punishment is not executed on A, the Court has a discretion to punish A with imprisonment for a term not exceeding 5 years having regards to the circumstances of the case where A has committed cruelty against B before killing him.

Commission of qatlul-'amd by wali-ad-dam after pardon or compound of qisas.

136. If a wali-ad-dam commits qatlul-'amd on the offender against whom qisas has been pardoned under section 133 or compound under section 134, such wali-ad-dam shall be punished with—

(a) qisas if he had himself pardoned or compound qisas on the offender or he had knowledge of such pardon or compound of qisas by other wali-ad-dam;

(b) diyat and imprisonment for a term not exceeding 5 years if he had not pardoned or compound qisas on the offender and had no knowledge of such pardon or compound of qisas by other wali-ad-dam.

Attempt to commit qatlul-'amd.

137. Any person who attempts to commit qatlul-'amd or attempts to cause the commission of qatlul-'amd is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.

Abetment of qatlul-'amd.

138. (1) Any person who abets the commission of qatlul-'amd under section 126(1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.

(2) Any person who abets the commission of qatlul-'amd under section 126(2) is guilty of an offence and shall be liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.

Qatlu syibhil-'amd

Qatlu syibhil-'amd.

139. For the purposes of this Order, "qatlu syibhil-'amd" means an act which is done voluntarily and with intent to cause harm to the body or mind of a person, which causes death of that person or any other person, whether or not the act is done by means of a weapon and the act which in the ordinary course of nature is not likely to cause death.

Illustration

A in order to cause hurt, strikes B with a walking stick or stone which in the ordinary course of nature is not likely to cause death. B dies as a result of such hurt. A commits qatlu syibhil-'amd.

Punishment of qatlu syibhil-'amd.

140. (1) Any person who commits qatlu syibhil-'amd and it is proved in such manner as provided under section 141 is guilty of an offence and shall be liable on conviction to be punished with payment of diyat to the wali-ad-dam of the victims and with imprisonment for a term not exceeding 15 years.

(2) Any person who commits qatlu syibhil-'amd and it is proved by evidence other than that provided under section 141 is guilty of an offence and shall be liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.

Proof of qatlu syibhil-'amd.

141. (1) Qatlu syibhil-'amd which is liable to diyat shall be proved in the following manner—

(a) ikrar of an accused who confesses with his consent before a Court of competent jurisdiction;

(b) syahadah of two male syahid;

(c) syahadah of one male syahid and two female syahid; or

(d) syahadah of one male syahid and oath of the complainant.

(2) For the purposes of subsection (1)(b), (c) and (d), syahadah shall be made in accordance with Hukum Syara', after the Court is satisfied having regard to the requirements of tazkiyah al syuhud.

Pardon of diyat in qatlu syibhil-'amd.

142. Wali-ad-dam of the victim in the case of qatlu syibhil-'amd may pardon diyat or any part thereof.

Acquittal or punishment after pardon of diyat.

143. The Court may, in the case of pardon of diyat as provided in section 142, in its discretion, having regard to the facts and circumstances of the case, acquits the offender against whom diyat has been pardoned, or punishes him with imprisonment for a term not exceeding 5 years.

Attempt to commit qatlu syibhil-'amd.

144. Any person who attempts to commit qatlu syibhil-'amd or attempts to cause the commission of qatlu syibhil-'amd is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.

Abetment of qatlu syibhil-'amd.

145. (1) Any person who abets the commission of qatlu syibhil-'amd under section 140(1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.

(2) Any person who abets the commission of qatlu syibhil-'amd under section 140(2) is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both.

Qatlul-khata'

Qatlul-khata'.

146. For the purposes of this Order, "qatlul-khata'" means an act done without an intention of causing death or injury which causes the death of a person, either by doing an act which is not anticipated may cause the death of such person or any other person, or by doing a wrongful act which later becomes the cause for the death of such person.

Illustrations

(a) A aims at a deer but misses the target, however shot B, thus causing B's death. A commits qatlul-khata'.

(b) A shoots at an object that he thought to be a deer but it turns out to be a human being. A commits qatlul-khata'.

Punishment of qatlul-khata'.

147. (1) Any person who commits qatlul-khata' without any apparent rash, negligent or wrongful act or default on his part and proved in such manner as provided under section 148 is guilty of an offence and shall be liable on conviction to be punished with payment of diyat to the wali-ad-dam of the victim and to a fine not exceeding $5,000.

(2) Any person who commits qatlul-khata' by any rash or negligent act and it is proved in such manner as provided under section 148 is guilty of an offence and shall be liable on conviction to be punished with payment of diyat to the wali-ad-dam of the victim and with imprisonment for a term not exceeding 10 years.

(3) Any person who commits qatlul-khata' without any apparent negligent or wrongful act or default on his part and it is proved by evidence other than that provided under section 148 is guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4) Any person who commits qatlul-khata' by any rash or negligent act and it is proved by evidence other than that provided under section 148 is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.

Proof of qatlul-khata'.

148. (1) Qatlul-khata' which is liable to diyat shall be proved in· the following manner—

(a) ikrar of an accused who confesses with his consent before a Court of competent jurisdiction;

(b) syahadah of two male syahid;

(c) syahadah of one male syahid and two female syahid; or

(d) syahadah of one male syahid and oath of the complainant.

(2) For the purposes of subsection (1)(b), (c) and (d), syahadah shall be made in accordance with Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah al syuhud.

Pardon of diyat in qatlul-khata'.

149. Wali-ad-dam of the victim in the case of qatlul-khata' may pardon diyat or any part thereof.

Acquittal or punishment after pardon of diyat.

150. The Court may, in the case of pardon of diyat as provided under section 149, in its discretion, having regard to the facts and circumstances of the case, acquit the offender against whom diyat has been pardoned, or punishes him with imprisonment for a term not exceeding 5 years.

Qatl by black magic

Black magic.

151. (1) For the purposes of sections 152, 153 and 154, "black magic" means knot, spell, chants, words, or specific expression or special names spoken or written or doing any act with evil purposes which has the implication and the effect, in the ordinary course of nature, to cause harm to the body, heart or mind of the person; usually the person who practices black magic befriends, or asks for or seeks help from, Iblis, satan, jinn, evil spirits, spirits, ghosts and the like.

(2) In this section, "knot" means an art or method to tie any matter used to practice black magic such as by using rope, thread, cloth etc.

Qatl by black magic.

152. (1) Any person who commits qatl by black magic which in the ordinary course of nature may cause death and it is proved by ikrar of the accused is guilty of committing the offence of qatlul-'amd and shall be liable on conviction to death punishment as qisas.

Illustration

If the offender states in his ikrar that he has used black magic on B and his black magic, in the ordinary course of nature, causes death, he has committed the offence of qatlul-'amd.

(2) Any person who commits qatlul-'amd by black magic—

(a) which is proved by evidence other than that provided under subsection (1);

(b) where the person is not mukallaf; or

(c) against his own child,

is guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.

(3) Any person who commits qatl by black magic which—

(a) sometimes or rarely causes death;

(b) intended to cause the death of a particular person but caused the death of another person, whose death he does not intend to cause,

and it is proved by ikrar of the accused is guilty of committing qatlu syibhil-'amd and shall be liable on conviction to be punished with payment of diyat to the wali-ad-dam of the victims and with imprisonment for a term not exceeding 15 years.

Illustration

(a) If the offender states in his ikrar that he has used black magic on someone and his black magic sometimes causes death and sometimes not, or his black magic rarely causes death, he has committed the offence of qatlu syibhil-'amd.

(b) If the offender states in his ikrar that he uses black magic on a particular person, but affected some other person and that person died, he has committed the offence of qatlul syibhil-'amd.

(4) Any person who commits qatlu syibhil-'amd by black magic and it is proved by evidence other than that provided under subsection (3) is guilty of an offence and shall be liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.

Attempt to commit qatl by black magic.

153. Any person who attempts to commit or attempts to cause the commission of the offence of qatlul-'amd or qatlu syibhil-'amd by black magic is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.

Abetment of qatl by black magic.

154. (1) Any person who abets the commission of the offence under section 152(1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.

(2) Any person who abets the commission of the offence under section 152(2) is guilty of an offence and shall be liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.

(3) Any person who abets the commission of the offence under section 152(3) is guilty of an offence and shall be liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.

(4) Any person who abets the commission of the offence under section 152(4) is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both.

Qatl by poison

Qatl by using poison or poisonous substance.

155. (1) Any person who commits qatl—

(a) by coercing a person into taking poison or poisonous substance which in the ordinary course of nature may kill; or

(b) by administering food or drinks which he knows to contain poison which in the ordinary course of nature may kill, to a person who has no knowledge that the food or drinks contain poison,

and causes the death of the person is guilty of the offence of qatlul-'amd and shall be liable on conviction to punishments as provided under section 126(1) or (2); as the case maybe.

(2) Any person who commits qatl—

(a) by coercing a person into taking poison or poisonous substance which in the ordinary course of nature may not kill; or

(b) by administering food or drinks which he knows to contain poison which in the ordinary course of nature may not kill, to a person who has no knowledge that the food or drinks contain poison,

and causes the death of the person is guilty of the offence of qatlu syibhil-'amd and shall be liable on conviction to punishments as provided under section 140(1) or (2), as the case maybe.

(3) Any person who commits qatl by using poison or poisonous substance intended to cause the death of a particular person but caused the death of another person, whose death he does not intend to cause is guilty of the offence of qatlu syibhil-'amd and shall be liable on conviction to punishments as prescribed under section 140(1) or (2), as the case maybe.

Illustration

A intended to kill B by administering poison to the food that he served to B, the food was eaten by C. Consequently C dies from eating the food. A has committed the offence of qatlu syibhil-'amd.

(4) In this section, "taking" means eating, drinking or any other means to cause death by using poison or poisonous substance.

Attempt of qatl by using poison or poisonous substance.

156. (1) Any person who attempts to commit or attempts to cause the commission of the offence under section 155(1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.

(2) Any person who attempts to commit or attempts to cause the commission of the offence under section 155(2) or (3) is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.

Abetment of qatl by using poison or poisonous substance.

157. (1) Any person who abets the commission of the offence under section 155(1) is guilty of an offence and shall be liable on conviction to the punishments as provided under section 138(1) or (2), as the case may be.

(2) Any person who abets the commission of the offence under section 155(2) or (3) is guilty of an offence and shall be liable on conviction to the punishments as provided under section 145(1) or (2), as the case may be.

Qatl by miscarriage of foetus

Qatl by miscarriage of foetus.

158. (1) Any person who commits qatl on a foetus by intentionally causing its miscarriage is guilty of an offence and shall be liable on conviction for each foetus to be punished with the following—

(a) when as a result of the miscarriage, the foetus dies, the person who causes the woman to have a miscarriage shall be punished with one-twentieth of a diyat as provided in this Order;

(b) when as a result of the miscarriage, the foetus lives and later dies, the person who causes the woman to have a miscarriage shall be punished with diyat as provided in this Order;

(c) when the pregnant woman herself causes the miscarriage and the foetus is in a condition as mentioned in paragraph (a) or (b), she shall be punished as provided in paragraph (a) or (b), as the case may be,

and the Court shall impose a sentence of imprisonment for a term not exceeding 15 years.

(2) The heirs of the foetus shall be entitled to diyat under subsection (1), unless the offender is the heir of the foetus.

(3) For the purposes of this section and sections 159, 161 and 164, "foetus" means a child in the womb of its mother, part of whose organ have been formed and is alive.

Attempting qatl by miscarriage of foetus.

159. Any person who attempts to commit or attempts to cause the commission of the offence of qatl by miscarriage of foetus is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.

Abetment of qatl by miscarriage of foetus.

160. (1) Any person who abets the comm1ss1on of the offence under section 158(1)(a) is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.

(2) Any person who abets the commission of the offence under section 158(1)(b) is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.

Miscarriage of pregnancy.

161. (1) Any person who voluntarily causes the miscarriage of the pregnancy of a women is guilty of an offence and shall be liable on conviction to a fine not exceeding $12,000, imprisonment for a term not exceeding 3 years or both.

(2) For the purposes of this section and sections 162, 163 and 164, "pregnancy" means something in the womb of a pregnant woman that has not developed into a foetus.

Explanation—A woman who causes herself to miscarry is within the meaning of this section.

Attempt to cause miscarriage of pregnancy.

162. Any person who attempts to commit or attempts to cause the commission of the offence of miscarriage of pregnancy is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.

Abetment to cause miscarriage of pregnancy.

163. Any person who abets the offence of causing miscarriage of pregnancy is guilty of an offence and shall be liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.

Exception for sections 158 and 161.

164. Sections 158 and 161 does not extend to a medical practitioner registered under any written law who causes miscarriage of foetus or pregnancy of a woman if such medical practitioner is of the opinion, in good faith, that the continuance of the pregnancy would involve risk to the life of the woman, greater than if the pregnancy were terminated.

Suicide

Attempt to commit suicide.

165. Any person who attempts to commit or attempts to cause the commission of suicide is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.

Abetment to commit suicide.

166. (1) If any person commits suicide, any person who abets such commission of suicide is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 and imprisonment for a term not exceeding 10 years.

(2) If any person commits suicide, any person who abets such commission of suicide, and the person abetted is not mukallaf, is guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and imprisonment for a term not exceeding 25 years.

Hurt

Causing hurt.

167. Any person who causes hurt to a person as provided under section 168, without causing his death, is said to have caused hurt.

Kinds of hurt.

168. For the purposes of prescribing the punishments, hurt shall be classified as follows—

(a) itlaf-al-udhw that is the dismemberment or hurt of any part of the body;

(b) itlaf-salahiyyat-al-udhw that is the destruction or permanent impairment of the function or use of any part of the body, or permanently disfiguring such part;

(c) syajjah that is hurt on the head or face which does not amount to itlaf-al-udhw or itlaf-salahiyyat-al-udhw;

(d) jurh that is wound on any part of the body other than the head

(e) other hurts.

Punishment of causing hurt.

169. (1) Any person who causes hurt to a person and it is proved in such manner as provided under section 170 is guilty of an offence and shall be liable on conviction to qisas punishment.

(2) Any person who—

(a) causes hurt and it is proved by evidence other than that provided under section 170;

(b) is not muliallaf who causes hurt;

(c) is a mother or father who causes hurt to his own child; or

(d) causes hurt where the part of the body for which qisas is to be imposed is not functional or otherwise incapacitated,

is guilty of an offence and shall be liable on conviction to—

(i) payment of arsy muqaddar, and imprisonment for a term, as prescribed in the Second Schedule for committing itlaf-al-udhw or itlaf-salahiyyat-al-udhw;

(ii) payment of arsy, and imprisonment for a term, as prescribed in the Third Schedule for committing syajjah;

(iii) payment of arsy muqaddar, and imprisonment for a term, as prescribed in the Fourth Schedule for committing jurh jaefah;

(iv) payment of arsy ghairu muqaddar, and imprisonment for a term, as specified by the Court as prescribed in the Fourth Schedule for committing jurh ghairu jaefah; or

(v) payment of arsy ghairu muqaddar, and imprisonment for a term, as specified by the Court for committing hurt other than those provided under section 168(a), (b), (c) and (d).

(3) The Court may, in addition to the punishments mentioned in subsection (2)(a), (b) and (c), having regard to the facts and circumstances of the case, order the offender to pay compensation in the amount as the Court thinks fit having regard to. the following—

(a) the expenses incurred for the treatment of the victim;

(b) loss or disability affecting the function or power of any part of the body;

(c) the anguish suffered by the victim; and

(d) any other matter as it thinks fit.

Proof of hurt liable to qisas.

170. Hurt liable to qisas punishment shall be proved in the following manner—

(a) ikrar of an accused who confesses with his consent before a Court of competent jurisdiction; or

(b) syahadah of at least two syahid according to Hukum Syara' other than the evidence of the victim, after the Court is satisfied having regard to the requirements of tazkiyah al syuhud.

Cases in which qisas punishment not enforced.

171. The punishment of qisas shall not be enforced in the following cases—

(a) when the offender who has committed the offence of qisas is dead;

(b) when the part of the body for which qisas punishment is to be imposed is not functional or otherwise incapacitated;

(c) when pardon is given by the victim or his wali; or

(d) when sulh between the victim and the offender has been made.

Power of Court to determine hurt liable to qisas or otherwise.

172. The Court shall, in consultation with a Government medical practitioner, determine whether a hurt caused is liable to qisas or otherwise.

Pardon in respect of hurt.

173. (1) In the case of hurt, a victim who is mukallaf may, before execution of the punishment, pardon qisas on the offender whether with or without arsy.

(2) If the victim is not mukallaf, his wali may pardon qisas of the offender with arsy.

(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali, His Majesty the Sultan and Yang Di-Pertuan may pardon qisas of the offender with arsy.

(4) If there are more than one victim, the pardon of qisas by one of the victims or his wali shall not affect the right of qisas of the other victims or his wali.

Illustration

A caused hurt to B and C and A has been convicted of the offence and liable to qisas punishment. B or his wali has pardoned A but C or his wali does not. A shall remain liable to qisas punishment because C or his wali does not pardon him although B or his wali does.

(5) If there are more than one offender, the pardon of qisas on any one offender shall not affect the right of qisas on the other offender.

Illustration

A and B caused hurt to C and A and B have been convicted of the offence and liable to qisas punishment. C or his wali has pardoned A but does not pardon B. A shall not be liable to qisas punishment but B shall remain liable to qisas punishment because C or his wali has not pardoned him.

(6) Any pardon in respect of hurt shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(7) If the victim or his wali has pardoned qisas on the offender and has been confirmed by the Court, the pardon shall not be withdrawn.

(8) Arsy muqaddar or arsy ghairu muqaddar shall be paid immediately by the offender to the victim or his wali by cash, and in certain circumstances the Court may order the payment to be made in instalments for a period of not exceeding 3 years provided that there is a guarantee of payment acceptable by the victim or his wali.

Compound of qisas.

174. (1) In the case of hurt, a victim who is mukallaf may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which may be less or more than the value of arsy.

(2) If the victim is not mukallaf, his wali may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of arsy.

(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali, His Majesty the Sultan and Yang Di-Pertuan may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of arsy.

(4) Any compound of qisas in causing hurt shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(5) Badal-al-sulh may be paid or given on demand by cash or on a fixed date as may be agreed upon between the offender and the victim or his wali.

Acquittal or punishment after pardon or compound of qisas.

175. The Court may, in the case of pardon or compound of qisas as provided under sections 173 and 174, as the case may be, in its discretion, having regard to the facts and circumstances of the case, acquits the offender against whom qisas has been pardoned or compound, or punishes him with imprisonment for a term not exceeding 5 years.

Punishment of arsy ghairu muqaddar.

176. Any person who causes hurt to a person against whom qisas or arsy muqaddar punishment cannot be executed shall be liable to arsy ghairu muqaddar punishment.

Explanation—The determination of the value of arsy ghairu muqaddar is based on the assessment made by the Court.

Determination of value of arsy ghairu muqaddar.

177. The value of arsy ghairu muqaddar may be determined by the Court having regard to the following—

(a) the expenses incurred on the treatment of the victim;

(b) loss or disability affecting the function or power of any part of the body;

(c) the anguish suffered by the victim; and

(d) any other matter as it thinks fit.

Recovery of arsy muqaddar or arsy ghairu muqaddar.

178. (1) If an offender fails to pay arsy muqaddar or arsy ghairu muqaddar any part thereof within the period specified, it shall be recovered from him and he shall be detained until such arsy muqaddar or arsy ghairu muqaddar is paid in full to the victim or his wali.

(2) If the offender dies before his payment of arsy muqaddar or arsy ghairu muqaddar or any part thereof, it shall be recovered from his estate.

Punishment for hurt by rash or negligent act.

179. Any person who commits hurt to another person by rash or negligent act is guilty of an offence and shall be liable on conviction to payment of arsy muqaddar or arsy ghairu muqaddar, as the case may be, and to imprisonment for a term not exceeding 5 years.

Punishment for hurt by mistake.

180. Any person who commits hurt to another person by mistake is guilty of an offence and shall be liable on conviction to payment of arsy muqaddar or arsy ghairu muqaddar, as the case may be.

Arsy muqaddar or arsy ghairu muqaddar shall be paid to victim.

181. The amount of arsy muqaddar or arsy ghairu muqaddar shall be paid to the victim or his heirs according to their respective· shares based on the ratio of division of the inheritance.

Attempt to cause hurt.

182. Any person who attempts to cause hurt or attempts to cause the commission of the offence of causing hurt is guilty of an offence and shall be liable on conviction to one-half of the punishment provided under section 169(2).

Abetting commission of causing hurt.

183. (1) Any person who abets the commission of the offence of causing hurt under section 169(1) is guilty of an offence and shall be liable on conviction to the same punishment provided under section 169(2).

(2) Any person who abets the commission of the offence of causing hurt under section 169(2) is guilty of an offence and shall be liable on conviction to one-half of the punishment as provided for such offence.