22nd. OCTOBER, 2013
- (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.
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