Page:Syariah Penal Code Order, 2013.pdf/41

This page has been proofread, but needs to be validated.

22nd. OCTOBER, 2013


hadd punishment even though the value of all the properties removed adds up to or exceeds the nisab.

Punishment for committing qatl or causing hurt to person during commission of sariqah.

58. Any person who commits qatl or causes hurt to a person during the commission of sariqah is guilty of an offence and shall be liable on conviction in addition to the punishment of such sariqah to punishment of qisas, diyat or arsy in accordance with Hukum Syara'.

Attempt to commit sariqah.

59. Any person who attempts to commit sariqah or attempts to cause the commission of sariqah 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.

Illustration

A makes an attempt to commit sariqah some jewelleries by breaking open a box and finds after so opening the box that there is no jewellery in it. A has done an act of attempting to commit sariqah, he has therefore committed an offence under this section.

Abetting commission of sariqah.

60. (1) Any person who abets the commission of sariqah under section 55(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 abets the commission of sariqah under section 55(3) 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.

Return of sariqah property.

61. (1) Sariqah property shall be returned to the victim if that property is in the original form and is identifiable.

(2) If the sariqah property is lost or used while it is in the custody of the offender, the offender shall be ordered to pay compensation and it shall become a debt which is payable to the owner.

1701