Page:Syariah Penal Code Order, 2013.pdf/63

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

22nd. OCTOBER, 2013


(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.

1723