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Penal laws form
part of the governing rules and regulations in every social and legal system.
Islam, which is a perfect code of life and whose objective is perpetual
happiness of all mankind, has not neglected defense of the individual and the
society against crime. It recognizes that crime is the worst impediment to
moving towards absolute perfection and ascension towards God. The goal of Islam
is the evolution of the perfect man and the
establishment of the righteous state.
Contrary to
schools of thought that consider human beings corrupt by nature and by
instinct, in Islam man by nature is a being seeking righteousness, capable of
both correction and reform. Therefore, Islam sanctions preventive measures to
dry up the economic, social, and cultural roots of crime thereby restoring the
criminal to his previous innocent nature through proper training.
Islam reserves
punishment exclusively for exceptional cases, because punishment has mostly a
negative and superficial role in the reformation of the criminal. This is why
Islam generally concerns itself with the correction of the criminal rather than
the necessity for exploring the crime by means of confession or investigation,
collecting evidence and proof of the attribution of the crime to the offender.
Immediately after the commission of every offense, and after guilt is
established, the prosecution of the offender is arranged. If the judgment
contains severe punishment without taking into account the individual's
material and moral circumstances, and the sentence is executed easily with no
hesitation, then the sentence may be suspended.
Islam, thus,
considers punishment the last resort and not the primary means for combating
crime. The following are the authorities in support of this statement.
(a) Textual
authorities relating to penal laws in the moral and instructional fields in the
-Book and Sunnah are quite few. Likewise, in the works of Muslim scholars we
find very little discussion on matters relating to punishment as compared to
the exercises relating to the purification of the soul and edification of the
self.
) b) Investigation and gathering
information, except in public offenses, are forbidden and prohibited. In circumstances
where an offense is of an individual, private nature and has not been committed
publicly, its disclosure (with intent to cause the offender penalization) is
not only disapproved of, but considered tantamount to the dissemination of vile
deeds and therefore a sin. In case the person divulging it fails to prove his
allegation, through tediously gathering legal evidence, he is sometimes liable
to be sentenced to severe punishment.
A culprit is
himself required to abstain from disclosing what he might have committed in
private, even though by disclosure he desires to receive the divinely
prescribed punishment (Hadd). Rather, he is recommended to make repentance
between himself and God.
Even in case of
public offenses, the culprit should not bring his offense to the knowledge of
others as long as it is possible to make amends without putting himself in
disgrace.
Likewise, it is
the duty of a judge (as far as he can and as long as it does not lead to
emboldening others in the commission of the crime) to prevent the accused from
making a clear confession of guilt (of a misdemeanor) by suggesting excuses to
the accused which he may put forward in his defense. For example, the judge may
ask the accused whether or not he was motivated by indigence or necessity, and
whether or not he knew the punishment prescribed for the act, so that the
accused may repent for what he has done, and thus may cease to be liable for
the Hadd.
(c)-On the basis
of strong religious authorities, the emergence of corruption and commission of
crimes among the masses is the product of the corruption of the privileged
classes, namely, the rulers and the clergy. We find in the tradition of the
holy Prophet, peace be upon Him, the following words :
"There are
two classes in my community of followers. If they are virtuous, my community
shall be virtuous; and if they are corrupt, my community shall be
corrupt." He was asked as to which are those classes. In reply he said:
"They are the jurists and the rulers."
So also Imam
(Khomeini) has clearly declared:
"If the
learned become corrupt, the whole world becomes corrupt. Since the learned are
apparently representatives of the Imam, and if, God forbid, they become
corrupt, they would corrupt all the classes of society. On the other hand, if
they are virtuous, they would make the whole world virtuous. It is the
observation of eye-witnesses that in every part of the world where the learned
were virtuous and honest, the general masses were also virtuous and
honest." (Vide Sahifa-i-Noor, Vol. 11, p. 6 and Vol. 12 pp. 213 and 215)
As a result of
these observations, in Islam reform begins in the privileged classes, and
before their reform is accomplished, it is quite unreasonable to expect any
reform in the lower strata of society. Therefore, it is far
from the standards of equity and justice to punish the latter for deviation
from the right path.
This is why we
find in certain traditions that it is undesirable to enforce the penal laws as
long as the rulers are not righteous. There is so much emphasis on this point
that some jurists are led to suppose that during the Period of Occultation
(ghaybat) or as long as the reins (of the government) are not in the
hands of any of the twelve Imams, the offenders are not liable to any
punishment. But the purpose of those traditions is -and Allah knows better-
that if a society has no just and righteous government to maintain economic and
social justice as well as impart proper education and sound instruction, it
would not be judicious to punish persons accused of committing a number of
offences, as they would have fallen into the abyss of crime due to economic
inequities and social circumstances. Thus the two important elements of
intention and knowledge, which are a pre-requisite for proving a crime, may not
be found to a sufficient extent.
In view of this
fact, there is little justification for inflicting punishment or adopting
violent measures against the weaker sections of society or those who are
economically, socially or educationally backward. Those forced to commit a
crime or a misdemeanor under the pressure of uncontrollable circumstances
(since they are not responsible for creating those circumstances) are, therefore,
acquitted of the liability.
(d)-Although
comparatively severe punishment has been prescribed by the Shari'ah for some
offenses, it is quite difficult to establish them. Thus, while fear of severe
punishment may prove to be an effective deterrent (there would be less people receiving
the punishment) after the charge is established, there are strict conditions
with regards to issuing the sentence and applying the offender's punishment,
which further reduces the number of persons falling in the category of the
convicts.
After issuing the
sentence, there may be several circumstances which may delay the execution or
suspend the sentence.
According to
the jurists:
"Caution must
be observed in case of execution of Hudood, so that whenever there is even a
slight amount, the Hadd should not be inflicted."
We have the
following rule contained in some of reliable traditions:
"As far as
possible, do not execute the Hadd on Muslims, because it would indeed be better
for a ruler to err in forgiving a culprit rather than err in punishing an
innocent person."
This is a
translation of the collection of penal laws amended by the Committee for Legal
Affairs of the Islamic Consultative Assembly (Parliament) of Iran,
following the approval of the Council of the Guardians of the Constitution. This
English translation is designed to introduce Iran's
Islamic laws to those who are unable to read Persian and Arabic legal texts.
English readers are encouraged to use the Glossary for definitions.
Let us hope that
some day the Islamic laws governing political, economic, social, and
educational life will give new energy to the society. That these laws shall be
so comprehensively and effectively enforced, in the Islamic societies, that it
will be possible to enforce the Islamic penal laws which are dependent on the
enforcement of the preceding laws.
Above all, let us
look to a time when the Islamic morality shall purify and illumine the hearts
of Muslims in such a way that there may be no need to apply the Islamic penal
laws and they may be rendered redundant.
The reins of all
affairs are in His hand.
And all seekers of
help seek help from Him!
DIRECTOR
IRAN
- PAKISTAN
PERSIAN STUDIES CENTRE
ISLAMABAD
SYSTEM OF
TRANSLITERATION
The following
system of transliteration is the English translation of the Islamic Penal Code.
With the exception of a few Persian words, we have generally followed the
system of Arabic pronunciation while transliterating the technical legal
terminology.
*Published in the
Official Gazette No. 10988 dated November
16, 1982).
Passed by the Committee for Judicial Affairs
of the Islamic Consultative Assembly on July
12, 1982.
The Penal Code
defines various offenses and their punishments, plus, it provides steps to be
taken for the safekeeping and correction of the offender.
Every commission or omission of an act,
punishable by law or involving security or correctional measures, is considered
an offence; and nothing shall be deemed an offense unless there is some
punishment, security or correctional measures provided by the law.
The Penal Code
applies to all the persons who commit an offense within the territorial
jurisdiction of the Islamic Republic of Iran including land, sea, and air,
except where some other procedure has been provided by the law.
When part of an
offense has been committed in Iran,
and its conclusion takes place outside the territorial jurisdiction of Iran,
or vice versa, or when part of an offense is committed in Iran
and its result is (also) takes place in Iran,
the offense shall be considered to have been committed in Iran.
Every Iranian or
foreigner who commits any of the following offenses outside the territorial
jurisdiction of Iran
shall be punished according to the Penal Code of Islamic Republic of Iran:
An act against the
Government of Islamic Republic of Iran, internal or external security,
territorial integrity or independence of the Islamic Republic of Iran;
Forgery of an
Order, hand-writing, stamps or signature of the Leader (Rahbar) or the
President of the Republic, or making use thereof.
Forgery of the
official documents of Prime Minister, President of the Islamic Consultative
Assembly, Council of Guardians, or Supreme Judicial Council, Chief Justice of
the Supreme Court, Attorney General or any Minister, or making use thereof.
Forgery of the
currency of Iran, or documents of a Bank of Iran, such as bills of exchange
accepted by a Bank, checks issued by a Bank, documents duly guaranteed by a
Bank, forgeries of Treasury documents, credit documents issued or guaranteed by
the government, imitation or counterfeiting in any form of the local currency
or coins.
Every offense by
government employees or foreign nationals employed by the Government of the
Islamic Republic of Iran committed in the capacity of their respective
positions or posts. Likewise, every offence committed by employees of the
diplomatic or consular services of the Government of Iran who enjoy diplomatic
immunity shall be governed by the provisions contained in part B above."
In all cases other
than those mentioned under parts B and C above, every Iranian who commits an
offense outside Iran
and is found in Iran
shall be punished in accordance with the Penal Code.
In cases when,
according to a special law or international treaties, the offender is
prosecuted where he is arrested, if he is arrested in Iran, he shall be
prosecuted and punished in accordance with the laws of the Islamic Republic of
Iran.
A convict shall
return the property obtained through the commission of an offence to its owner,
as long as the property is still there. However, when the property is not
there, the convict shall be liable to pay its equal, and shall also be liable
to pay the damages in consequence of the offense.
In case of
issuance of an Order for non-prosecution or staying prosecution, the inspector
or Public Prosecutor shall decide what should be done with the property which
was the proof of the offence, obtained in consequence of the offence or was
used or meant to be used during the commission of the offence, whether it is to
be returned (to its owner), or confiscated or destroyed. As long as the case is
pending with the Inspector or Public Prosecutor, he is also bound to issue
necessary Orders for the return of the above articles or property on the
request of the interested party, keeping in view the following conditions:
1.It is not
necessary to detain all or some of the articles or property in the office of
the Inspector or Public Prosecutor.
2.The articles or
property are unclaimed.
3.The articles or
property do not fall under the category of articles or property which must be
confiscated or destroyed. In all criminal cases the court, while issuing an
Order or decree, or thereafter, irrespective of the Order of decree being in
respect of conviction, acquittal or staying the prosecution of the accused,
shall also issue a special order regarding the articles or property which was the
proof of the offence, obtained in consequence of the offence, or was used or
meant to be used, and specifically mentioned therein whether the articles or
property are to be returned, confiscated or destroyed.
Explanation 1. The
party affected by decree of the Inspector or Public Prosecutor, or a court
decree or Order filed in any of the criminal courts against their verdict with
respect to the articles or property mentioned in this Article and request for
the review thereof, although a complaint may not lie against the decree or
Order of the Court in a criminal case.
Explanation 2.
When property, whose protection requires an undue expenditure for the
government, or whose detention may cause its destruction or a gross loss in
value, and when it is unnecessary for the office of the Public Prosecutor to
preserve the property, or if the property is perishable or prone to quick
destruction, it shall be sold according to the situation, by the order of the
Public Prosecutor or the court, and the sale proceeds deposited with the
treasury of the court until there is final decision in their regard.
The punishment,
security, and correctional measures should be in accordance with a law enacted
prior to the commission of an offence. No punishment shall be awarded for the
commission or omission of an act in accordance with a law passed subsequent to
the act. In case, however, a law is framed subsequent to the commission of an
offence which involves mitigation or abolition of the punishment or is
favorable to the offender, it shall be applicable to the offences which were
committed before the law was framed and in whose case no final judgment has
been issued by the court. In case a final and binding judgment has been issued
in accordance with the previous law, action shall be taken according to the
following procedure:
1. When an act,
which was considered an offence according to the previous law but is not
considered so in the subsequent law, the final judgment shall not be executed,
and in case it is being executed, its execution shall be suspended. In these
two cases as well as in cases when the judgment has already been executed, no
penal consequences shall take effect. These provisions shall not apply to the laws
framed for a temporary period or for special cases.
2. In case the
subsequent law involves remission in the punishment, the convict may apply for
the revision of the judgment by the court. In any case, the subsequent order
shall not embody a punishment more severe than the previous one.
Explanation. When
the punishment for an offence in accordance with a subsequent law is changed to
security and correctional measures, the sentence shall be confined to such
measures.
Punishments are
divided into four classes according to the types of crimes:
1. Hudood
2. Qisas
3. Diyat
4. Ta'zeerat
Hudood are the
punishments whose nature and amount have been prescribed by the Shari'ah.
Qisas is the
punishment to which an offender is sentenced, and which is equivalent to his
offense.
Diyat is the
monetary compensation prescribed for an offence by the Shari'ah.
Ta'zeer is the
chastisement (ta'deeb) or punishment ('Uqoobat) whose nature and amount has not
been prescribed by the Shari'ah, and it has been left to the discretion of the
judge, such as imprisonment, fine, or lashes which are more lenient than the
amount of Hadd.
The term of all
prison sentences shall begin the day the final and executable judgment is
given. But the time the convict spent detained after he was first arrested and before
the judgment was issued may be effective in the remission of the term of
Ta'zeer sentence.
The mode of
execution of the sentences for punishment and the nature of the imprisonment
shall be the same as prescribed in the Criminal Procedure Code and other
relevant laws and Regulations. The necessary Rules (for carrying these laws
into effect) shall be framed by the Supreme Judicial Council and approved by
the Cabinet.
Every person who
has been given a Ta'zeer sentence for the commission of a voluntary offence may
be deprived of his civil rights for a time in order to supplement the Ta'zeer
sentence, or the court may forbid him to reside at a certain place or force him
to reside at a certain place.
Explanation.
Depriving a person of his civil rights and forcing him to reside at a certain
place shall be for a fixed period of time only and proportionate to the
offence.
When a person
intends to commit an offence and in fact begins to commit it, but due to
circumstances beyond his control, does not complete his act and the offence
does not take place, when the acts or steps the person has initiated fall under
the category of an offence, the person shall be liable to the punishment for
only that offence, otherwise he shall be given a correctional punishment
(ta'deeb).
Explanation.
Correctional punishment (ta'deeb) means a punishment from the category of
Ta'zeer which the court considers appropriate to the circumstances of the criminal.
Mere intention to
commit a crime and performing acts or steps which serve as introduction to the
crime, but have no direct connection with the commission of the crime, shall
not be treated as commencement of a crime, and shall not be punishable by law.
A person who
starts to commit a crime but subsequently stops of his own accord, shall not be
liable to punishment for that crime.
The commencement
of a crime is punishable only when it is specifically mentioned as such in the
law.
When a person who
has been given a Ta'zeer sentence by the court, commits the same offence again
after the execution of the sentence, the court, may enhance the punishment.
Explanation. When,
at the time of passing sentence, the court has no knowledge about the previous
convictions of the offender, but obtains that knowledge afterwards, the Public
Prosecutor may inform the court who has passed sentence, and if the convictions
are established, the court may take action in accordance with the provisions of
the preceding section.
Chapter Six - The Abettors Land
Accessories to a Crime
Every person who,
with due knowledge and information, helps another commit any punishable crime, and
the act of each of them together contributes to the commission of the crime,
whether their respective acts may or may not be sufficient for the commission
of the crime, and whether the effects of their respective acts may be equal or
different, he shall be considered an abettor to the crime and shall be liable
to the punishment of a person who independently commits the crime. When crimes
are committed involuntarily taking place by mistake or misadventure of two or
more persons, the punishment for each of them shall be the same as one given to
a person committing the crime independently. When one person's participation
and independent contribution to a crime is less than others, the court may
mitigate the sentence in proportion to the effect of his/her respective act.
In cases of
punishable crimes, the following persons shall be considered abettors to the
crime and liable to punishment.
1. Every person
who incites, persuades, threats, or entices another to decide to commit a
crime, or through intrigue, deception or trickery causes the commission of a
crime.
2. Every person
who, with due knowledge and information, supplies the means for committing a
crime, or, with due knowledge of the intention of the person committing the
crime, shows him the way to commit the crime.
3. Every person
who, with due knowledge and intention, facilitates the commission of a crime.
Explanation. In
order to prove abetment to a crime there must be existence of unity of purpose,
precedence or coincidence of the acts of the abettor and the person actually
committing the crime.
When the person
committing the crime cannot be prosecuted and punished due to legal
considerations, or the execution of his sentence is suspended due to legal
considerations, it shall have no effect in respect of the accessory to the
crime.
Leadership of a
gang of two or more persons in the commission of a crime, whether the act is
that of an abettor or an accessory to the crime, may be one of the causes of
enhancement of punishment.
In a case of a
plurality of punishable offences, where a single act falls under the category
of several crimes, the sentence awarded shall be the punishment for the crime
with the most severe punishment.
In a case of
plurality of crimes, when the crimes committed are different, separate
punishment shall be awarded for each crime. When the crimes are not different,
a single punishment shall be given, though in such case the plurality of the
crimes may be one of the causes for enhancement of the punishment. If the
aggregate of the crimes committed falls under the category of a particular
crime under the law, the offender shall be liable to the punishment provided
for that crime.
Explanation. The
law for the plurality of crimes in case of Hudood, Qisas and Diyat shall be the
same as provided in the relevant Chapters.
Children committing
an offence enjoy exemption from legal liability. The responsibility for their
correction under the supervision of the court rests with their guardian, and,
when appropriate, with the Children Reform and Training Centre.
Explanation 1. A
child is one who has not attained to the legal age of puberty.
Explanation 2.
When a minor commits a murder, injury or battery his/her 'Aqilah (or close
relatives) shall be liable for compensation, but when a minor is responsible
for loss of property of other persons, the child shall be personally liable for
compensation, and its payment shall be the liability of the child's guardian.
Explanation 3.
When, in case of grave offences, corporal chastisement is considered necessary
for the correction of the child committing the offence, the chastisement shall
be inflicted in a way that it may not incur the liability of Diyat.
Insanity, of any
degree, is just cause to suspend penal liability, so that if a person
committing an offence was insane and in a dangerous state at the time of the
commission of the offence, he shall, by the order of the Public Prosecutor, be
kept in a suitable place until the removal of that condition, and he can be
released only by the order of the Public Prosecutor. The person in custody or
his relatives may, however, may file a complaint against the order of the
Public Prosecutor in court questioning the competency issue with regard to the
actual offence. In such cases, the court shall meet in the presence of the
complainant, the prosecutor or his representative inviting the opinion of a
specialist, and then either issuing the necessary order for the release of the
person under custody or the confirmation of the order of the Public Prosecutor.
This verdict of the court shall be final, but the person under custody or his
relative shall be entitled to submit a complaint against the order of the
Public Prosecutor once in every six months.
Explanation. In
cases of occasional (adwari) insanity, it is mandatory that the person
committing the offence must be insane at time of the commission of the offence.
If it is proved that a person had taken an
alcoholic intoxicant before the commission of the crime, he shall be liable to
the punishment for taking such an intoxicant as well as the punishment for the
commission of the crime.
In case of
punishable offences, whenever a person commits an offence in consequence of
coercion or under compulsion which is intolerable, he shall not be punishment
for it. In such case the person exercising the coercion or compulsion shall be
liable to the punishment for that offence.
If a person
commits an offence to protect his life or property or that of another person in
a seriously perilous situation, such as in a flood or storm, he shall not be
given any punishment, provided he has not caused the perilous situation
deliberately, and the act committed was also proportionate to the risk involved
and was essential for warding off the risk.
Explanation. This
section does not apply to the case of Diyat and financial liability.
The acts for which
punishment is provided shall not be considered an offence in the following
cases:
1. When the act
was ordered by the person legally authorized to do that, and is not against
Shari'ah.
2. When the
performance of the act was important for the enforcement of the law.
3. When the
performance of the act was meant to "direct others to do what is good or
prevent them from doing what is wrong" (amr bil ma 'roof or nahy 'an
al-munkar).
Explanation.
Whenever an offence is committed by the unlawful order of an official
authority, both the person giving the order as well as the person receiving it
shall be liable to the punishment provided by the Shri'ah; but in case a person
receives an order from an authority and obeys it under the misunderstanding
that it is lawful, he shall be liable only to pay the Diyat or monetary
liability.
The following acts
shall not be considered an offence:
1. The acts of the
parents, legal guardians and the guardians of minors and indicted person
(mahjoor) performed by way of chastisement or for the sake of their protection,
provided the chastisement or protection has been exercised within the normal
limits.
2. Every kind of surgical
or medical operation which is essential or performed with the consent of the
person operated upon or his guardians, tutors or legal representatives and is
in keeping with the technical and scientific standards and government
regulations. It is not necessary to obtain consent in cases of emergency.
3. Accidents
arising from athletic exercises, provided the cause of the accident is not in
violation of rules relating to those athletic exercises, and the rules conform
to the standards of the Shari'ah.
A person who
commits an offence, in defense of the life, honor or chastity or physical
liberty of another, shall not be prosecuted or punished under the following
conditions:
1. The defense is
proportionate to the transgression or danger.
2. When resorting
to government (law-enforcing) agencies is practically impossible without loss
of time, or their intervention is not effective in removing the transgression
or danger.
Explanation.
Defense of the life, honor, chastity, property or physical liberty of another
shall be lawful only when that person is unable to defend himself/herself and
needs help.
Resisting security
or law-enforcement forces as they fulfill their official duties shall not be
considered defense, but whenever such forces exceed their jurisdiction, or
according to the available evidence and circumstances there is apprehension
that their action may result in death, injury, or trespass against the honor or
chastity of a person, the defense by the person shall be lawful.
In case of
Ta'zeerat (punishments left to the discretion of the judge), where there are
circumstances in favor of remission of a punishment, the court may remit the
punishment. The circumstances in which a punishment may be remitted include the
following reasons and conditions:
1. Withdrawal of
the case by the complainant or special claimant.
2. Statements or
information supplied by the accused which prove effective in recognition of the
abettors or those providing assistance in an offence or discovery of articles
recovered during the commission of an offence.
3. Special
circumstances in which the accused has committed the offence, such as inciting
words or conduct of the person with whom the offence has been committed or the
existence of an incitement involving honor in the commission of the offence.
4. A statement of
the accused prior to the prosecution, or his confession at the start of the
investigation which is effective in the discovery of the offence.
5. Special
circumstances or previous record of the accused.
6. Efforts on
behalf of the accused that mitigate the effects of the offence, or compensation
of the damages resulting from the offence.
Explanation 1. The
court shall mention explicitly the reasons and conditions for the remission of
the punishment in its judgment
Explanation 2.
When circumstances favor remission of a punishment mentioned in this section,
the court shall not remit the punishment again under the same circumstances.
Explanation 3.In
case of plurality of offences, the court may grant remission in the punishment.
When the prosecution
or the execution of the sentence is suspended by the withdrawal of the case by
the complainant, the withdrawal must be unconditional. No action shall be taken
on a conditional or contingent withdrawal. However, no heed shall be paid if
the man retracts his withdrawal.
Whenever there are
several aggrieved parties to an offence, the prosecution shall start on the
complaint by any one of them, but the suspension of the prosecution and
remission of the punishment shall depend on the pardon of the offence by all
the complainants.
Explanation 1 The
pardon of the offence by a temporary guardian (qayyim) shall not be effective
unless agreed to by the Public Prosecutor.
Explanation 2. The
right to pardon the offence shall be transferred to the heirs to the aggrieved
party, and the execution of the punishment shall be dropped whenever all the
heirs agree to pardon the offence.
There shall be no
objection to the employment of prisoners on their request and with the
permission of the court pronouncing the conviction. In case of persons
committing ordinary offenses, the prisoners may be provided jobs in industrial
or agricultural organizations from the time they enter the prison, provided the
following conditions are fulfilled:
1. Request or consent
of the prisoner.
2. As long as the
prisoner is neither a professional criminal nor a dangerous one.
Explanation 1.
When a person employed in an industrial or agricultural organization commits an
offence, he shall be immediately sent back to the prison, and shall be liable
to complete the remaining term of the sentence for the previous offence from
the date of the commission of the new offence, in addition to the sentence
pronounced for the new offence.
Explanation 2 The
income from the job shall go to the prisoner, except when some other
arrangement has been made.
Explanation 3. In
consideration of the conditions mentioned above in the section relating to both
the employment of persons convicted of ordinary as well as political offenses
and the wages paid, in addition their surveillance shall be in accordance with
the regulations proposed by the Supreme Judicial Council and approved by the
Ministers of Defense, Interior and Justice of the Islamic Republic (of Iran).
The pardon or
remission of punishment of convicts within the limits of Islamic values on the
proposal of the Supreme Court rests with the Leader (Rahbar).
When a person is
sentenced to Ta'zeer imprisonment for the commission of an offence for the
first time, and has undergone half of the sentence, he may be released
conditionally by the order of the court pronouncing the final judgment for his
conviction, provided he fulfills the following conditions:
1. When he has
shown good behavior throughout the period of the sentence.
2. When, in view
of the conditions and circumstances of the convict, it is presumed that he will
not commit an offence after his release.
3. When, the loss
or damage contained in the judgment of the court or agreed upon by the
complainant has been compensated, or he undertakes to compensate it, or when
the convict is sentenced to payment of compensation to the government.
Explanation 1. The
issuance of the order for the conditional release depends on the proposal of
the Assistant Public Prosecutor in charge of the prison and agreement of the
Public Prosecutor of the court pronouncing the sentence, and, in absence of the
Assistant Public Prosecutor, on the proposal of the Public Prosecutor. This
proposal should state whether the person fulfilled the required conditions
mentioned above. In this case the view expressed by the Prisoners Protection
Association shall be considered by the Assistant Public Prosecutor and Public
Prosecutor.
Explanation 2. The
conditional release of those convicted according to the final judgment of the
Martial Law Courts depends on the proposal of the Public Prosecutor of the
court pronouncing the sentence of conviction and the agreement of the Army
Prosecutor and issuance of the order by the court pronouncing the final
judgment. In case the Martial Law Court
issuing the final judgment has been dissolved, or is going to be dissolved, the
conditional release shall depend on the proposal of Army Prosecutor and an
order by the benches of the Permanent Revisionary
Court under the Army Judicial Organization keeping
in view the provisions of this Chapter.
Explanation 3. The
term of the conditional release shall be for the remaining term of the
sentence, but the court may also commute the sentence, though in any case it
shall not be for less than one year or exceed five years, except when the
remaining term of the sentence is for less than one year, in which case the
term of the conditional release shall be for the remaining term of the sentence.
Explanation 4. If,
during the term of the conditional release, the person released commits another
offence and warrants for his arrest shall be issued by the proposal of the
Public Prosecutor concerned for the remaining term of the sentence of the previous
offence in addition to the sentence for the new offence.
Explanation 5.
Whenever a person released shows good conduct and behavior throughout the term
of the conditional release, his release shall become final.
In all cases of
Ta'zeer convictions, the judge may suspend the sentence for two to five years
on the following conditions. In case of other sentences, except in cases where
it is specifically mentioned by the law or the Shari'ah, suspension of the
sentence shall not be lawful.
A. The convict
should not have a record of a major penal conviction, or in case of such
conviction, it has been removed.
B. In view of the
social conditions and previous record of the convict and the circumstances
which led to the commission of the crime, the court may consider it suitable to
suspend the sentence.
C. The convict may
undertake to pursue an honorable life and fully follow the orders of the court.
D. In case the
sentence calls for the payment of a fine, whenever the court is convinced that
the convict is not capable of paying the whole or part of the fine.
Explanation 1.
When sentences call for both imprisonment and a fine, the court may, if it
deems necessary, and in consideration of the provision of this Chapter, suspend
the convict's sentence for imprisonment.
Explanation 2. The
order for the suspension of the sentence shall be issued along with the
judgment of conviction, and the convict, whose sentence has been suspended, if
detained, shall be released immediately.
Explanation 3. The
court shall mention explicitly in its order (for the suspension of the
sentence) the reasons and grounds for suspension, and the instructions which
the convict must follow during the period of suspension of the sentence, and
also specify the period for which the sentence has been suspended according to
the type of the offence, the personal reasons of the offender, and in
consideration of the last part of Section 40 above.
Explanation 4. In
consideration of the conditions and circumstances of the convict and the
context of the case, the court may require the convict to observe the following
instruction during the period of suspension of the sentence, and the convict
shall be liable to follow the instruction of the court.
1. Contact a
hospital or clinic for treatment of addiction.
2. Abstain from
pursuing a specific job or profession.
3. Pursue studies
in an educational institution.
4. Abstain from
gambling, taking alcoholic drinks or associating with persons considered harmful
by the court.
5. Abstain from
visiting specific places.
6. Present himself
after every specified time to a person or authority specified by the Public
Prosecutor of the Shahrestan (or Division).
Explanation 5.
Suspension of the following penal sentences is unlawful:
1.Persons
convicted of importing, producing, or selling narcotic drugs or, providing
shelter to the persons who do.
2. Persons
convicted of embezzlement, bribery, forgery or use of a forged document.
Explanation 6. The
suspension of the sentence shall have no effect on the rights of the private
plaintiffs regarding their loss and damage, and the court decree for the
payment of said damages shall be duly executed.
Explanation 7.
Whenever a convict does not commit a new offence, having been punished as per
Penal Code from the date of the issuance of the order for suspension of the
sentence by the court, the suspended sentence shall be waived off from the
penal record. The penal record documents should be prepared by the office of
the Public Prosecutor immediately after the issuance of the final order of the
court for the convicts whose sentences have been suspended and documents
forwarded to the competent authorities. In all cases when some amendment is
made in the period of suspension, or the order for the suspension of the
sentence is cancelled, the matter should be reported immediately to competent
authorities for registration in the penal record of the convict.
Explanation 8. If,
after the sentence has been suspended, the person commits a new offence, the
suspension of the previous sentence shall be annulled immediately after the
finalization of the latest sentence, provided that the conviction for the new
offence be a major one, and the court who had issued the order of suspension (of
the previous sentence) should notify its annulment, so that the sentence
suspended may also be executed against the convict.
Explanation 9.
When, after the issuance of the order, it is learned that the convict has a
record of previous conviction and the court has suspended his sentence without
taking notice of the said record, the Public Prosecutor shall request the court
to cancel the order (of suspension of the sentence) on the authority of the
previous record of conviction, and the court, after considering the arguments
and verification of the previous record, shall annul the order of suspension of
sentence.
Explanation 10.
When issuing the order to suspend the sentence, the court shall also explicitly
notify the convict of the legal consequences of failure to carry out the
instructions of the court, and impress upon him that if he commits a new
offence (having a major penal sentence) the sentence previously suspended shall
be executed against him in addition to the sentence for the new offence.
Explanation 11.
The provisions relating to the suspension of the sentence shall not be
applicable when the persons who committed several gross offences have been
convicted in consideration of their repeated offences. If several final
sentences have been pronounced by the penal courts against a person including
the suspended sentence, the Public Prosecutor required to execute the sentence
shall be required to request the court to issue the order (of suspension of the
sentence) to annul the order for the suspension of the sentence and execute the
sentence in accordance with the Criminal Procedure Code.
If a person,
sentenced to life imprisonment, suffers from lunacy before the completion of his
term, he shall be shifted to the mental hospital after he has been declared a
mental patient by a medical doctor, with the approval of the person against
whom the sentence has been pronounced, and the time he spends in the mental
hospital shall count in the term of his sentence.
*Published in
the Official Gazette No. 10972 dated 4-8-1361/26-10-1982
(Passed on 3rd Shahrivar
1361/25th August 1982 by the Committee for Judicial Affairs of the
Islamic Consultative Assembly)
Qisas (or
retaliation) is a punishment which is awarded to an offender, and must be
commensurate with the offence.
Two Kinds of
Qisas: Qisas for life and Qisas for a part of human body.
In accordance with
the provisions of this Chapter, a willful murder (qatl-i amd) is punishable by
Qisas (or retaliation) and the heirs to the person murdered (owliya al-dam) may
kill the murderer with the permission of a Muslim ruler (wali) or this
representative in fulfillment on the conditions mentioned below.
A Murder shall be
willful in the following cases:
A. When the
murderer, by the performance of an act, intends to kill another, irrespective
of the act itself being of a type that causes death or not,, but in the results
in death.
B. When the
murderer intentionally commits an act that causes death, although he may not
have intended to kill the other.
C. When the
murderer does not intend to kill another, and the act done by him is also not
the type that usually causes death, but it may cause death, particularly if the
victim has pre-existing conditions (disease, old age, weakness, young age, or
the like) that are known by the murderer.
A homicide
(qatl-i-nafs) is divided into three classes: willful murder (qatl-i-amd),
manslaughter or semblance of willful murder (qatl-i-shibh-i-amd) and homicide
by misadventure (qatl-i-khata),
The laws relating
to the latter two classes are mentioned in the Chapter on Diyat (money compensations).
Compulsion does
not justify the commission of a homicide, if a person is compelled by another
to kill a third person, he should not commit that act, and if he does, he shall
be liable to Qisas while the person compelling him to do it shall be liable to
imprisonment for life.
Explanation 1. If
the person compelled is a minor or an insane person, the person compelling him
to commit the offence shall alone be liable to Qisas.
Explanation 2. If
the person compelled is a minor, he shall not be liable to Qisas but instead
his 'Aqilah (or close relatives) shall pay the Diyat (or money compensation),
while the person compelling the minor to commit the offence shall be liable to
imprisonment for life.
Whenever a Muslim
is killed, the murderer shall be liable to Qisas.
Whenever a Muslim
man willfully murders a Muslim woman, he shall be liable to Qisas, but before
the execution of Qisas, the heir (wali) of the woman shall be paid by the
murderer half of a man's Diyat.
When a non-Muslim
subject of a Muslim state (an infidel dhimmi) willfully murders another infidel
dhimmi, he shall be liable to Qisas, although they may be the followers of two
different faiths (or din). If the person murdered happens to be a woman, her
heir (wali) before the execution of the Qisas, shall be paid half of the Diyat
of a male dhimmi by the murderer.
When two or more
Muslim men jointly kill a Muslim man, the heir to the person murdered
(waliyy-i-dam) may, with the permission of the judge (hakim-i-shar'), subject
all of them to Qisas, but when there are two murderers, each shall pay half of
his Diyat to him, where they be three, two-thirds of Diyat from each, and where
there are four, three-fourth of the Diyat, and where they exceed four, each of
them shall be paid his Diyat in the same proportion.
Explanation 1.The
heir to the person murdered may subject some of the persons involved in the murder
to Qisas, by payment from each of them his Diyat provided in Section 8 above,
and receive from the rest their proportionate Diyat.
Explanation 2.The
same rule shall apply even in case the murderers and the persons murdered
happen to be all infidel dhimmis.
Whenever two or
more persons inflict injury to a person causing his death, whether the injury
is inflicted at the same time or on different occasions, if the death is proved
to be caused by their joint offence, each of them shall be declared murderers,
and they shall be liable to punishment according to the other provisions of
this law in accordance with the relevant conditions.
Abetment of murder
takes place when a person is killed as a result of the blow or injury by a
number of persons, and it is proved that his death has resulted from their
joint act, irrespective of the fact that the individual act of each of them was
sufficient for causing death or not, and whether the effect of their respective
acts has been the same of different.
When a person
inflicts injury upon another, and subsequently yet another kills him, the
second one shall be the murderer, although the former injury alone would have
resulted in the death of that person, so that the first shall only be liable to
Qisas for the injured part of the body or the Diyat for that injury inflicted,
except when in the Qisas for injury there is risk of death, in which case he
shall be liable only to the payment of Diyat.
Whenever injury inflicted
by the first person takes the injured person to the verge of death (and there
is only the last breath of life left in him) and then another person does
something that puts an end to his life, the first one shall be liable to Qisas,
while the second one shall be liable only to the Diyat for his offence against
the dead person.
Whenever an injury
seriously harms a part of body of another resulting in his death, if the injury
was caused by a single blow, it will be sufficient to subject him to Qisas for
murder, and he shall not be liable to pay the Qisas or Diyat for the injury
caused to the part of body (of the deceased).
In every case
where some Diyat is to be paid by the murderer and he is also to be inflicted
Qisas, the payment of the Diyat should take place prior to the execution of the
Qisas.
A person who has
been sentenced to Qisas should be killed with the permission of the heir to the
person murdered (waliyy-i-dam), so that if he is killed by a person without the
permission of the heir to the person murdered, the person killing the murderer
shall be liable for murder punishable by Qisas.
A father or
paternal grandfather who kills his son (or grandson) shall be liable only to
pay the Diyat for the murder to the heirs as a Ta'zeer.
Whenever a lunatic
or a minor kills willfully, it shall be treated as a homicide by misadventure
(qatl-i-khata), and he shall not be liable to Qisas, and his 'Aqilah (or close
relatives) shall be liable to pay the Diyat for homicide by misadventure to the
heir of the person killed.
If a sane person
kills an insane person, he shall not be liable to Qisas and shall only be
liable to pay Diyat to the heirs to the person killed.
Whenever an adult
person kills a minor, he shall be liable to Qisas.
A murder committed
in a state of intoxication is punishable by Qisas, except when it is proved
that the person committing the murder was fully devoid of control and intention
as a result of the intoxication and that he had not intoxicated himself
deliberately just for the commission of the murder.
Whenever a person kills
another (while the killer himself was) in a state of sleep or stupor, he shall
not be liable to Qisas, but he shall be liable to pay Diyat for homicide to the
heirs of the person killed.
A homicide is
punishable by Qisas only in case the person killed has not been sentenced to
death by law, so that if a person is already sentenced to death, the person
killing him should prove before the court that he was entitled to kill him.
At the time of
filing a suit, a complainant must be sane and adult, and in case the suit also
involves payment of money, the mental maturity (rushd) of the complainant shall
also be a condition. But no such condition is required with reference to the
defendant.
The complainant
must have full certainty regarding the subject of the suit, because no suit can
be filed against another on the grounds of suspicion or probability, but, when
there are some indications of an offence, a suit without the commission of an
offence may be entertained.
The person against
whom a complaint is filed must be specified and defined, and when he happens to
be included in a group, he should be properly distinguished.
The subject of the
complaint must be fully specified, so that a person filing a suit for murder
must also mention its kind as to its being a willful or unintentional murder.
If the actual murder is established, but its kind is not fully proved, a
conciliation should be brought between the murderer and the heirs to the person
murdered and his 'Aqilah (or close relatives) and thereby the dispute must be
settled.
Following are the
means for establishing a murder:
1. Confession
2. Evidence
3. Qasamah
4. Intuition of
the Judge.
A willful murder
is established by confession of willful murder, although it is made only once.
A confession shall
be effective in case the person making confession fulfills the following
conditions:
1. Sanity ('aql)
2. Puberty
(bulugh)
3. Free will
(ikhtiyar)
4. Intention
(qasd)
Therefore a
confession made by a lunatic, an intoxicated person, a minor, a person laboring
under compulsion and persons devoid of intention, such as a person making a
confession inadvertently or erroneously (sahi), or by way of joke (hazil), or
in a state of sleep or stupor shall not be legally effective.
A confession of a
willfully committed murder made by a person claiming idiocy or insolvency shall
be legally effective and punishable by Qisas.
If a person
confesses having committed a willful murder (qatl-i-amd) of another, and a
third person confesses having committed a homicide of the same person by
misadventure (qatl-i-khata), the heir to the person murdered (waliyy-i-dam) has
the option to demand the conviction of either of them according to that
person's confession, but cannot demand the award of punishment to both.
If a person
confesses to willfully murdering another, and subsequently a third person makes
a confession of having committed a willful murder of the same person, and the
former later retracts from his confession, both shall not be liable to Qisas or
Diyat, and the Diyat in this case shall be paid from the State Treasury (bayt
al-mal), but it shall be so in case the judge does not have a logical suspicion
that the confession made by the latter was done by way of a contrivance for the
acquittal of the former.
A. A willful
murder (qatl-i-'amd) is proved by evidence of two men of reputed integrity.
B. Culpable
homicide not amounting to murder (or semblance of a willful murder,
qatl-i-shibh-i-'amd) or a homicide by misadventure (qatl-i-khata) is proven by
evidence of two men of reputed integrity or one man and two women of reputed
integrity or one man of reputed integrity and an oath taken by the complainant.
When one of the
two witnesses of reputed integrity testifies that the accused has pleaded
guilty of a willful murder, and the other testifies that the accused has
pleaded guilty of murder, but does not testify that the accused pleaded guilty
of a willful murder, murder itself shall be proven, and the accused is required
to state the type of murder. If he pleads guilty of a willful murder, he shall
be liable to Qisas (or retaliation). If, however, he does not plead guilty of a
willful murder and takes oath to this effect, he shall no be liable to Qisas
(or retaliation).
Whenever an heir
of the deceased (waliyy-i-dam) claims that a willful murder has been committed,
and one of the two witnesses of reputed integrity testifies to the commission
of a willful murder, while the other to the commission of the murder itself,
and the accused pleads not guilty of a willful murder, it shall fall under the
type of loath (or suspicion of involvement) and the complainant shall be
required to prove the murder by qasamah (i.e. taking the required number of
oaths).
Whenever one of
the two witnesses of reputed integrity testifies to the commission of the
murder, and the other testifies to the effect that the accused has pleaded
guilty of murder, murder shall not thereby be proved, and the case shall be
that of a loath (or suspicion of involvement).
Whenever, as a
consequence of circumstances, the judge becomes doubtful about the commission
of the murder, such as the testimony of a single witness, or the presence of a
person with the implements of crime at the site of the offence, then either the
presence of the person murdered at the place shall be rendered doubtful, or the
residence of the persons in question shall fall under the category of loath (or
suspicion of involvement).
In cases of loath
(or suspicion of involvement), the defendant shall initially be asked to
produce reliable evidence. In the event of absence of evidence, the complainant
may invite forty nine men from among his relatives and dependents who have some
knowledge about the commission of the murder, so that they may take oaths
jointly with him proving his claim. In case their number is less than what is
required by law (or nisab, i.e. forty nine), they shall repeat their oath until
it reaches the required number of knowledge (about the case), or they are not
willing to take oath, the complainant himself may repeat his oath fifty times
in order to prove his claim.
Whenever the
complaint fails to execute qasamah, the defendant may in the manner prescribed
in Section 38 above, take up qasamah. In case he refuses to take up the
qasamah, judgment shall be given in favor of the complainant.
The nisab (or the
required number) of qasamah (or oaths) in case of culpable homicide not
amounting to murder (or semblance of a willful murder, qatl-i-shibh-i-'amd), or
homicide by misadventure (qatl-i-khata) shall be twenty five oaths, which shall
be taken in the manner mentioned above.
Qasamah in cases
of injuries of parts of body shall prove Diyat and not Qisas, and its nisab (or
the required number of oaths) shall be as follows:
1. The required
number of oaths is six in case of injuries which entail the liability for full
Diyat.
2. The required
number of oaths is two in case of injuries which entail the liability for
one-third, one-fourth or one-fifth of Diyat.
3. The required
number of oaths is two in case of injuries which entail the liability for
one-third, one-fourth or one-fifth of Diyat.
4. The number of
oaths is one in case of injuries which entail one sixth of a Diyat or less.
If a person is
killed as a result of a crowd, or a dead body is found in a public place (shari
'-i-'am), and there are no legal signs to prove the attribution of murder to
any person or a group of persons, the judge shall pay the Diyat from the
bayt-al-mal (or the State Treasury). If there is some circumstantial evidence
cited before the judge according to whom the murder maybe attributed to a
person or group of persons, it shall be a case of loath (suspicion of
involvement).
Chapter Five - The Procedure for
Execution of the Qisas .
A willful murder
is punishable by Qisas, but with the consent of the heirs of the deceased
(waliyy-i-dam) and the murderer it may be changed into a full Diyat or less or
more than a full Diyat.
Whenever a man
kills a woman, the heirs of the deceased may opt for Qisas with the payment of
half of the full Diyat (of a man) to the murderer, or demand the Diyat of a
woman from the murderer.
Whenever the
person who has committed a willful murder dies, there shall be no Qisas or
Diyat (for the murder committed by the deceased).
Whenever a person
who has committed a willful murder escapes, and is not traceable until he dies,
the Qisas shall change into Diyat which shall be payable from the property of
the murderer. In case he has no property, the Diyat shall be paid from the
property of his closest relatives, the closer being preferred to the remoter.
In case there are no close relatives of the deceased, or they are not able to
pay the Diyat, the Diyat shall be paid from the bayt al-mal (or the State
Treasury).
The heirs to the
deceased (owliya-i-dam) who have the option for Qisas are all the heirs to the
deceased except the husband or wife who have no option for Qisas as to its
pardon or execution.
A pregnant woman
undergoing the sentence of Qisas shall not be punished by Qisas before the
delivery or the child. Even after the delivery, if the Qisas may cause death to
the child, the execution of the Qisas shall be delayed until the danger of
death to the child is removed.
Qisas by a blunt
weapon which may cause torture to the offender is not lawful. Similarly
amputation (muthlih) of the offender is also forbidden.
In case there are
several heirs to the person murdered, there must be unanimity for Qisas among
them. In case all of them opt for Qisas of the murderer, the murderer shall be
subjected to Qisas. If some of them demand Qisas, while others opt for the
payment of Diyat, those demanding Qisas shall have to pay the share of the Diyat
to those opting for Diyat. If some of the heirs pardon the murderer gratis, the
others (demanding Qisas) may execute the Qisas after the payment to the
murderer of the share of those who have pardoned the murderer.
The heir to the
person murdered may, with the permission of the judge (hakim-i-shar') execute
the Qisas personally, or may appoint his agent for this purpose.
If the heir to the
person murdered happens to a minor or a lunatic, his guardian (father, grandfather,
an executor appointed by them or the judge) keeping the interest of the minor
or the lunatic in view, may execute the Qisas or change the Qisas into the
prescribed Diyat, or more or less than the prescribed Diyat. If the heir to the
person murdered is absent, and his absence becomes too long, the judge shall
act in the capacity of his guardian (wali), and shall take necessary decision
in accordance with the interest of the heir.
Whenever a person
or persons cause the release of a person sentenced to Qisas they shall be
imprisoned until the murderer is handed over to the judicial authorities. In
case the murderer dies before he is handed over to the judicial authorities,
the person or persons causing the escape of the murderer shall be liable to pay
the Diyat of the person murdered.
If the person with
whom the offence has been committed (majniyy'alayh) pardons (the offender)
before his death, the Qisas shall not thereby be set aside and the heirs to the
person murdered may, after his death, demand Qisas.
Cutting a part of
human body or inflicting an injury on it, if willful, is punishable by Qisas,
and the person with whom the offence has been committed (majniyy 'alayh) may,
with the permission of the judge subject the offender to Qisas with the
conditions mentioned hereafter.
Cutting a part of
the body or inflicting an injury on it is of three types: willful, semblance of
willful injury and by misadventure. The laws relating to the latter two types
shall be mentioned in the Chapter on Diyat.
Cutting of a part
of body or inflicting an injury on it shall be willful in the following cases:.
(a) When the
offender through the performance of an act intends to cut a part of the body or
inflict an injury on it, whether the act is of a type which is likely to cause
cutting of the part of the body or inflicting an injury on it or not.
(b) When the
offender intentionally performs an act which is of the type which is likely to
cause cutting of the part of the body or inflicting an injury on it, although
he may not have thereby intended to cut the part of the body or inflict an
injury on it.
(c) When neither
the offender intends to cut the part of the body or inflict an injury on it,
nor is the act of a type which is likely to cut the part of the body or inflict
an injury on it, but in relation to the person with whom the offence has been
committed it may, due to his ailment, old age, weakness, young age, or the
like, fall into a type which is likely to cause cutting of the part of the body
or inflicting an injury on it, and the offender should have knowledge about it.
In a Qisas of a
part of the body, besides the conditions relating to the Qisas of life,
following conditions are required to be observed: .
(i) Equality of
the part of the body in matter of soundness.
(ii) Equality of
the parts of the body in matter of being real (as against artificial or
surplus).
(iii) Equality in
the location of the part of the body inflicted.
(iv) The Qisas may
not likely cause the loss of life to the offender.
(v) The Qisas must
not exceed the quantum of offence.
In a Qisas of a
part of human body, man and woman are equal and, therefore, a man committing an
offence causing infirmity in a woman or committing a offence against a woman
shall be punished with Qisas of a similar part of the body of the man, except
when the Diyat of the part subject to infirmity is one-third or more than one-third
of the full Diyat, in which case the woman can execute the Qisas provided she
pays half of the Diyat of the part to the man.
A sound part of
the body shall not be subject to Qisas against an unsound part, and only Diyat
thereof shall be required to be paid, while an unsound part of the body shall
be subjected to Qisas against a sound part.
In case of a Qisas
of a part of the body, equality of the location is to be observed, so that the
part of the body of the right side of the offender shall be subjected to Qisas
against a part of the right side of the body, while the part of the left side
of the body shall be subjected to Qisas against a part of that side.
Explanation. Where
the offender has no right hand, his left hand shall be cut, and if he has even
no left hand his foot shall be cut.
The injury
inflicted as a Qisas must be equal to the injury inflicted by the offender as
regards its length and breadth, except in case of the injury which penetrates
into the bone of the head in which case the customary resemblance shall be
sufficient.
Whenever it is not
possible to observe equality in the Qisas of parts of the human body, as in
case of some of the deep injuries or in case of fracture or displacement of bones,
so that Qisas may leas to the loss of life or may exceed the quantum of
offence, its Diyat must be paid, irrespective of the fact that its amount is
specified by law or by the order of the judge.
The Qisas of a
part of the human body may be executed immediately, and it is not necessary to
wait till the position of the injury becomes clear. So if the Qisas is executed
and the injury leads to the death of the inflicted person, where the offence
had been willful, the offender shall be given death sentence, but before the
execution of the Qisas the Diyat for the injury inflicted on the part of the
offender's body as a Qisas must be paid to him.
In order to
observe equality between the Qisas and the offence, the quantum of the injury
must be fully measured and every thing which may impede the execution of the
Qisas or cause excess in it must be removed.
If due to the
movement of the offender the Qisas may exceed the quantum of offence, the
person executing Qisas shall not be held responsible. In case, however, the
excess is not due to any movement of the offender and be intentional, the
person executing the Qisas shall be liable to pay the Diyat for it.
Where the heat or
cold in temperature is likely to cause infection of the injury, the Qisas must
be executed in a moderate temperature.
The weapon used
for executing the Qisas must be sharp, unpoisoned and suitable for the
execution of the Qisas, because it is not lawful to give pain to the offender
in excess of the quantum of his offence.
Whenever a person
blinds another person in one eye, he shall be subjected to Qisas. When the
offender only has one eye, nothing shall be paid as Diyat.
Whenever a person,
having both the eyes intact, makes another person blind who has only a single
(sound) eye, the inflicted person may subjected the offender to Qisas and may
also receive half of the full Diyat, except in case the inflicted person should
have lost one of this eyes as a result of the execution of Qisas, in which case
he shall be allowed only to execute Qisas, and shall not be entitled to receive
anything else.
If a person should
cause the loss of sight of the eye of another person without damaging his
eye-socket, only the eye sight of the offender shall be subjected to Qisas In
case it is not possible to execute Qisas without damaging the offender's eyes,
there shall be no Qisas, and the offender shall be required to pay its Diyat.
A sound eye shall
be subjected to Qisas against eyes which are not normal as regards their power
of sight.
Whenever a person
cuts a part of another's ear and the inflicted person sticks that part to his
ear, punishment of the Qisas shall not be set aside, and if the offender, after
a part of his ear has been cut as a Qisas (also) sticks that part to his ear,
no one shall cut that part of his ear again in order to maintain the effect of
the Qisas.
The cutting of the
auricle resulting in the loss of the power of hearing shall be considered to be
equal to two offences, and the Diyat of the power of hearing of each ear shall
half of the full Diyat.
Whenever a person
cuts the nose of another, the inflicted person may execute Qisas, although the
nose of the inflicted person may be devoid of the power of smelling.
Whenever a person
cuts the tongue or lip of another, he shall be subjected to Qisas, keeping in view
equality of the amount and location (of the part of the body as well as the
offence).
Whenever a person
breaks or pulls out the tooth of another, he shall be subjected to Qisas
keeping in view the conditions relating to the Qisas for parts of the human
body. If a new tooth grows in place of the broken one or the pulled tooth and
the new tooth is sound, the offender shall not be liable to more than Ta'zeer.
In case, however, the new tooth were defective, the offender shall be liable to
pay the difference between a sound and defective tooth.
If the inflicted
person is a child, the execution of the judgment should be delayed for a usual
period, so that if a new tooth grows to the child, the offender shall be liable
to pay the fine (arsh): otherwise, he shall be sentenced to Qisas.
If the object of
offence is a surplus part of the body and the offender should not be having a
corresponding surplus part, he shall be sentenced to pay Diyat.
Equality in all respects
is to be observed in the Qisas of the parts of the human body, and it can only
be changed with the mutual agreement of both the parties.
Zina consists of
sexual intercourse by a man with a woman who is not lawful for him, although it
may be performed from the backside (unnaturally), except when it is performed
under a semblance of right.
Zina shall be
punishable by Hadd only when the person charged with Zina fulfills the
following conditions: puberty, sanity, free will and maturity.
So when Zina is
performed by a minor, lunatic, one performing it under compulsion, one laboring
under some misunderstanding, or one who without having the knowledge of law
marries a woman with whom marriage is not lawful and performs sexual act with
her, the sexual act shall not cause a liability for Hadd.
Explanation 1.
Whenever a woman has knowledge about the unlawfulness of sexual act with a man,
while that man has no such knowledge and considers sexual act with her to be
lawful and therefore performs such act resulting in penetration, only the woman
and not the man shall be liable to Hadd for Zina, If, however, the man has the
knowledge, while the woman is ignorant, only the man, to the exclusion of the
woman, shall be liable to Hadd for Zina.
Whenever a man or
a woman who has performed sexual intercourse claims to be laboring under a
misunderstanding or ignorance, in case there is likelihood of veracity of the
claim, his or her claim shall be accepted without any witness or oath, and the
Hadd shall be set aside.
If a woman claims
that sexual act has been performed with her under compulsion, in case there is
no proof otherwise, her claim shall be accepted.
Whenever a man or
a woman confesses in four (separate) meetings of having committed Zina, he or
she shall be sentenced to Hadd for Zina, and if he/she makes confession less
than four times, he/she shall be given Ta'zeer punishment.
A confession shall
be legally effective only when the person making confession fulfills the
following conditions: puberty, sanity, free will and intention.
The confession
must be clear and unambiguous, so that there is no likelihood of any logical
contradiction.
Whenever a person
confesses of having committed Zina and subsequently retracts his confession,
the Hadd shall not be set aside, except when he/she confesses of having
committed a Zina punishable by stoning to death or death, and subsequently
retracts his confession, in which case the Hadd of stoning to death or of death
shall be set aside.
Whenever a person
confesses of having committed Zina which is punishable by Hadd and subsequently
repents, the judge may acquit him/her or inflict Hadd on him/her.
Whenever a woman
having no husband conceives, she shall not be inflicted Hadd merely due to the
conception, except when her Zina is established in one of the ways mentioned in
this law.
Zina is proved by
the evidence of four men of reputed integrity ('adl) or three men and two women
all of reputed integrity, whether it is punishable by Hadd of lashes or that of
stoning to death.
In case a Zina is
punishable only by the Hadd of lashes, it shall also be proved by the evidence
of two men and four women all of reputed integrity.
Explanation. The
evidence of women alone or of women accompanied by one man alone shall not be
sufficient to prove Zina, and these witnesses shall be liable for the Hadd of
false accusation of Zina (Qadhf).
The evidence cited
by the witnesses should be clear and unambiguous.
The testimony
cited by the witnesses must be based on personal observation, so that a
testimony based on mere conjecture shall have no legal effect.
Whenever the
witnesses give the details of the matter concerning evidence, there should be
no difference in the details relating to the time, place and such other
matters, as in case of difference in the statements of the witnesses, the Zina
shall not be established, and the witnesses shall be liable to the Hadd of
false accusation of Zina (Qadhf).
The witnesses
shall give evidence without any interval, so that if some of them give evidence
while the others do not appear immediately or fail to give evidence
immediately, the Zina shall not be established, and the witnesses shall be
liable to Hadd for false accusation of Zina (Qadhf).
Whenever a Zina is
proved by evidence or confession, its Hadd shall be executed immediately,
except in cases like sickness or pregnancy.
Whenever a man or
woman committing Zina repents before the evidence is cited, Hadd shall be set
aside, but if he/she repents after the evidence has been cited, the Hadd shall
not be set aside.
The Hadd for Zina
in the following cases is death:
A. Zina committed
with the relatives within the prohibited degrees (maharim) of consanguinity
(nasab).
B. Zina with
father's wife (or step-mother)
C. Zina committed
by a non-Muslim with a Muslim woman, in which case the man committing Zina
shall be given death sentence.
D. Zina committed
by coercion or compulsion, in which case the person exercising coercion or
compulsion shall be given death sentence.
Explanation. In
the above case there shall be no difference between a young or old person,
married (muhsan) or un-married (ghayr-i-muhsan).
The Hadd for Zina
in the following cases shall be stoning to death (rajm):
A. A Zina
committed by a muhsan, or a man having permanent wife whom he has enjoyed
sexually and whom he may enjoy sexually any time he wants, shall be punishable
by stoning to death.
B. A Zina by a
muhsanah, or a woman having a permanent husband, by whom she has been enjoyed
sexually and the woman has always the opportunity of sexual enjoyment with that
husband, and the Zina is committed by her with a man of age (baligh), such Zina
shall be punishable by stoning (her) to death (rajm).
Explanation 1. A
Zina committed by a muhsanah with a minor shall be punishable by lashes and not
by stoning to death.
Explanation 2. A
Zina committed by a man or a woman having a permanent spouse, but due to
travel, imprisonment or such other legally acceptable excuses he/she has no
access to his/her spouse shall not be punishable by stoning to death.
Explanation 3. A
revocable divorce does not liberate a person from ihsan (or status of being
married) before the expiry of the term of 'Iddah. But an irrevocable divorce
causes the liberation (of the spouses) from ihsan (even before the expiry of
the 'Iddah).
A Zina committed
by an old man or woman fulfilling the conditions of ihsan shall be punishable
by lashes before the execution of stoning to death.
The Hadd for Zina
committed by a man or woman not fulfilling the conditions of ihsan is one
hundred lashes.
A married man who
commits Zina (with another woman) prior to sexual enjoyment of his wife resulting
in penetration shall be sentenced to one hundred lashes, shaving of hair of the
head and banishment for one year.
Explanation. In
the above laws there is no difference between a Zina committed with a living
woman and a dead woman.
A repetition of
Zina prior to the execution of the Hadd shall not cause multiplication of the
Hadd, except when the punishment (for the offences) is not of a similar nature,
such as when the punishment for some of them are lashes, while for others it is
stoning to death, in which case before the execution of stoning to death the
person committing Zina, he /she shall undergo the Hadd of lashes.
Whenever a woman
or man commits Zina several times, and every time he/she is awarded the Hadd
punishment, in case he/she repeats it for the fourth time, he/she shall be
punished by death.
The Hadd of
stoning to death shall not be executed if the woman is pregnant or might be
pregnant. And, likewise, she will not be stoned to death subsequent to
delivering the baby in case there is no one to take care of the new-born baby
and there is apprehension of its death. However, if some one is available to
look after the baby, the Hadd shall be executed on her.
In the case of a
pregnant woman, or a woman nursing a baby, when there is apprehension that the
execution of the Hadd of lashes may harm the fetus or the suckling, the
execution of the Hadd shall be postponed till the elimination of the
apprehension.
When a woman,
sentenced to death or stoning to death, is sick or having excessive
menstruation, the Hadd shall be executed on her. If, however, she is sentenced
to lashes, the execution of the Hadd shall be postponed till her recovery from
the illness or the expiry of the excessive menstruation (istihadah).
Explanation.
Menses are not an obstacle in the way of execution of a Hadd.
Whenever there is
no hope of recovery for the patient or when the judge deems it advisable to
execute the Hadd during the sickness, the convict shall be hit with a bundle of
one hundred sticks or twigs only once, although all of the sticks or twigs may
not touch the body of the convict.
Whenever a person
sentenced to a Hadd turns insane or an apostate, his Hadd shall not be set
aside.
The Hadd of lashes
shall not be executed when the weather is extremely cold or extremely hot.
A Hadd cannot be
executed in the territory of enemies of Islam.
Whenever a person
is sentenced to several Hadd, they should be executed in a sequence, so that
the execution of one of them may not destroy the possibility of the execution
of another. For example, if a person has been sentenced to lashes and stoning
to death, the Hadd of lashes should be executed first and subsequently the Hadd
of stoning to death should be executed.
Whenever the Zina
of a person fulfilling the conditions of Ihsan is established by his own
confession, at the time of stoning him to death the judge shall pelt the first
stone on him and he shall be followed by others. If the Zina is proved by
evidence of witnesses, the witnesses shall start pelting stones, and they will
be followed by the judge and then by others.
The Hadd of lashes
shall be executed on a man convicted of Zina while he shall be in a standing
posture and shall have no garments except those covering his privy parts, and
he shall be flogged on all the parts of the body except his head, face and privy
parts, while a woman shall be flogged in a sitting posture with her garments
covering her body.
It is appropriate
for the judge to notify the public as to the time for the execution of the
Hadd, and it is essential that the number of believers present at the time of
the execution of the Hadd should not be less than three.
At the time of
stoning to death a man shall be buried in a pit up to the waist and a woman up
to the chest, and then they shall be stoned to death.
Whenever a person
who has been sentenced to stoning to death escapes from the pit where he is
partially buried, he shall be returned for the execution of the Hadd, but under
certain circumstances he shall not be returned to the pit. When, however, a person
who is sentenced to lashes escapes (from the place of flogging),he shall be
returned for the execution of the Hadd of lashes in any way possible.
The stones for
stoning to death should not be so big that one or two of them may kill the convict,
nor should they be so small that they may not be called "stones".
The judge may act
according to his knowledge in matters relating to Allah as well as those
relating to the people, and execute the Hadd of Allah. It is, however, necessary
that he should mention the source of his knowledge. In matters relating to
Allah, he shall not depend on any one's request, but in matters relating to the
people he shall take action for the execution of a Hadd on the application of
the person whose right has been infringed.
In case a Zina is
committed during any of the sacred days, such as the days having religious
sanctity, the month of Ramadan or Friday, or in a sacred place, such as a
mosque, it shall be awarded Ta'zeer sentence in addition to the Hadd.
The presence of
witnesses at the execution of Hadd of stoning to death (rajm) is essential. If
witnesses are absent, the Hadd shall not be set aside, but if they escape, the
Hadd shall be set aside.
The drinking of an
intoxicant, whether in a small or large quantity, whether it has intoxicated
the person or not, and whether it is pure or mixed, shall be punishable by
Hadd.
Explanation 1. Beer,
even if it is not an intoxicant, falls under the category of liquor, and
drinking it shall be punishable by the Hadd.
Explanation 2.
Drinking grape-juice which becomes fomented by itself, or is boiled on fire, in
the sun or such other heating agents, although prohibited, is yet not
punishable by Hadd.
A Hadd for an
intoxicant shall be applicable to a person who is adult, sane, having free will
and has knowledge about its being an intoxicant and prohibited.
Explanation 1. In
case a person taking liquor claims ignorance of the law or the matter, and
there be likelihood of the veracity of his claim, he shall not be sentenced to
the Hadd.
Explanation 2.
Whenever a person who knows that drinking liquor is prohibited drinks liquor,
he shall be sentenced to the Hadd, even though he may not have the knowledge
that drinking it entails the liability for Hadd.
Whenever a person
in a state of emergency has to take an amount of liquor necessary for saving
himself from death or the treatment of some serious disease, he shall not be
liable to the Hadd.
Whenever a person
makes confession of having taken liquor, he shall be sentenced to the Hadd.
A confession is
legally effective only when the person making it is an adult, sane and having
free will and intention.
The Hadd for
taking liquor is established by the evidence of two men of reputed integrity
('adil).
Whenever one of
the men of reputed integrity testifies to the fact that the man has drunk
liquor and another testifies to the fact that he has vomited liquor, the Hadd
shall be established.
Regarding
testimony to drinking liquor, it is essential that there should be no difference
regarding the time, place or such other detail. Whenever one of the witnesses
testifies to the actual drinking of liquor, while the other to the drinking of
a special kind of liquor, the Hadd shall be established.
Explanation. A
confession or evidence shall entail the liability for the Hadd when there is no
logical likelihood of the person being excusable.
The Hadd for
drinking liquor for a man or a woman is eighty lashes.
Explanation. A
non-Muslim shall be sentenced to eighty lashes only when he is convicted of
drinking liquor in public.
A man shall be
flogged in a standing posture and he shall have no garments except those
covering his privy parts, while a woman shall be flogged in a sitting posture
with her garments covering her body.
Explanation. The
lashes shall not be hit on the head, face and privy parts of the convict.
The Hadd shall be
executed at a time when the convict has recovered from his state of inebriety.
Whenever a person
drinks liquor several times and no Hadd has been executed on him, only one Hadd
shall be sufficient for all (the times he has drunk the liquor).
Whenever a person
drinks liquor several times, and every time Hadd is executed on him, if he is
convicted for the third time, he shall be punished by death.
Whenever a person
sentenced to Hadd turns insane or an apostate, the Hadd shall not be set aside.
Whenever a person
drinking liquor repents before the evidence is cited, his Hadd shall be set
aside, but if the repents after the evidence has been cited, the Hadd shall not
be set aside.
Whenever a person repents
after once making confession of having drunk liquor, the judge may acquit him
or execute the Hadd on him.
Sodomy is the
sexual intercourse with a male.
The person
committing sodomy and the person with whom it has been committed shall both be
liable to the Hadd.
The Hadd for
sodomy is death, but the procedure for executing it depends on the discretion
of the judge.
Sodomy shall be
punishable by death only when the person committing it and the person with whom
it has been committed are both adult, sane and have free will.
Whenever an adult
and sane man commits sodomy with a minor, the person committing sodomy shall be
given death sentence, while the person with whom sodomy has been committed
shall be given Ta'zeer sentence, provided he has not been laboring under
compulsion.
Whenever a minor
commits sodomy with another minor, they shall both be given Ta'zeer sentence,
except when one of them had been laboring under compulsion.
Sodomy shall be
established in respect of the person making confession four times of having
committed sodomy.
A confession shall
be effective only when the person making it is sane and having free will and
intention.
A confession made
less than four times shall not entail liability for the Hadd and shall only
make the person making the confession liable to Ta'zeer.
Sodomy is
established by the evidence of four men of reputed integrity who should have
personally observed the performance of the act.
Whenever there are
less than four witnesses, sodomy shall not be established, and the witnesses
shall be liable to the Hadd for false accusation of sodomy (Qadhf).
The testimony by
women alone or in conjunction with men shall not establish sodomy.
The (Shari'ah)
judge may give his judgment on the basis of his knowledge acquired through the
customary sources.
The Hadd for
tafkheedh (or masturbation through rubbing the male organ between the thighs of
another) and similar acts between two men done without penetration shall be one
hundred lashes to each.
Explanation. If
the person committing the offence happens to be a non-Muslim and the person
with whom the act has been done is a Muslim, the Hadd for the former shall be
death.
If tafkheedh or
similar acts are repeated thrice, and after every time a Hadd has been
executed, after it has been repeated for the fourth time, it shall be
punishable by death.
Whenever two men
who are not related by consanguinity are found naked under a cover without any
emergency, both shall be liable to Ta'zeer punishment.
Whenever a person
kisses another lasciviously, he shall be liable to Ta'zeer punishment.
If a person who
has committed tafkheedh or similar acts, or sodomy, repents before evidence is
cited, the Hadd shall be set aside in his case. However, if he repents after
the evidence has been cited, the Hadd shall not be set aside. If the offence
has been established through the convict's own confession and subsequently he
repents, the judge may pardon him.
Tribadism (lesbian
act), or musahagah is the homosexual act between women by (rubbing) their
sexual organs.
The procedure for
establishing tribadism (lesbian act) is the same as that of establishing
sodomy.
The Hadd for
tribadism (lesbian act) is one hundred lashes to each (of the women).
The Hadd for
tribadism (lesbian act) is established only in case of a person who is adult,
sane and having free will and intention.
Explanation. In
case of tribadism (lesbian act) there is no difference between the active and
passive parties, or a Muslim and a non-Muslim.
Whenever a person
commits tribadism (lesbian act) thrice, and after every time its Hadd is
executed, in the event of its repetition for the fourth time, its Hadd shall be
death.
If a person
committing tribadism (lesbian act) repents before the evidence is cited, the
Hadd shall be set aside in her case, but is she repents after the evidence has
been cited, the Hadd shall not be set aside.
If the a
homosexual practice among women which attempts to simulate heterosexual
intercourse homosexual practice among women which attempts to simulate
heterosexual intercourse has been established by the confession of the woman
committing it and subsequently the woman repents, the Shari'ah judge may pardon
her.
Whenever two women
who are not related to each other by consanguinity are found naked under a cover
without any emergency, they shall be punished by Ta'zeer of less than one
hundred lashes, and in case of repetition of the act and award of the Ta'zeer
for the third time, they shall be flogged a hundred lashes.
Panderism means
uniting and bringing together two or more persons for Zina or sodomy.
Panderism is
established by confession made twice, provided the person making the confession
is adult, sane and having free will and intention.
Panderism is
proved by the evidence of two men of reputed integrity.
The Hadd for
Panderism is seventy-five lashes and banishment from the place for a term to be
determined by the judge.
Explanation. In
case of a woman the Hadd for Panderism shall be seventy-five lashes only.
(False) Accusation
(of Zina, etc.) or Qadhf.
Qadhf means
(false) accusation of another of Zina or sodomy.
The Hadd for Qadhf
is eighty lashes, whether the person committing Qadhf is a man or a woman.
Explanation.
Whenever a person accuses another of some thing other than Zina or sodomy such
as tribadism (lesbian act or a homosexual practice among women which attempts
to simulate heterosexual intercourse) or any similar prohibited acts, he shall
be sentenced to thirty to fifty lashes.
Qadhf should be
made in clear and unambiguous terms, and the person making the Qadhf should
know the meanings of the words, although the listener may not know their
meanings.
Whenever a person
says to the legitimate son: "You are not my son," he shall be liable
to the Hadd for Qadhf.
Whenever a person
says to the legitimate son of another, "You are not his (i.e., your
father's) son," he shall be liable to the Hadd for Qadhf.
Explanation. In
the above cases, whenever the context shows that the intention of the person
has not been Qadhf, the Hadd shall not be established.
Whenever a person
says to another, "You have committed Zina with a woman, or committed
sodomy with a man, "he shall be liable to have committed Qadhf in respect
of the addressee, and the person uttering such words shall be liable to the
Hadd for Qadhf.
Whenever a person
accuses another of Zina says, "Your mother is a whore", he shall be
liable to the Hadd for Qadhf in relation to the person whom he has accused,
while in relation to the addressee whom he has hurt by the abuse, he shall be
liable to Ta'zeer.
In case of every
abuse which hurts a listener, but does not constitute a Qadhf, such as when a
man says to his wife, "At the time of our marriage you were not a
virgin," the person abusing shall be sentenced to ten to fifty lashes.
A Qadhf shall be
punishable by a Hadd only when the person committing it is an adult, sane and
having free will and intention, and the person who has been subjected to Qadhf
is also an adult, sane, Muslim and chaste, so that if the person making the
Qadhf or the person to whom it is addressed does not fulfill any of the above
conditions, the Hadd shall not be established.
Whenever a
discreet minor commits Qadhf against another, he shall be sentenced to ten to
thirty lashes. Likewise, whenever an adult and sane person commits Qadhf
against a minor or a non-Muslim, he shall be punished by Ta'zeer.
If the person
subjected to Qadhf is not chaste (with regard to the accusation) and only
pretends to be, the person making Qadhf shall not be liable to the Hadd or
Ta'zeer.
Whenever close relatives
subject each other to Qadhf, they shall be liable to the Hadd for Qadhf.
Explanation. If a
father or paternal grand-father subjects his son (or grandson) to Qadhf, he
shall be sentenced to Ta'zeer.
Whenever a man
subjects his deceased wife to Qadhf and that woman has no heir but a son from
the same man, the Hadd shall not be established. If, however, the woman has any
other heir, such as a son from another husband, the Hadd shall be established.
Whenever a man
commits Qadhf against several persons separately, he shall be liable to a
separate Hadd for each Qadhf, whether they apply for the execution of the Hadd
jointly or separately.
Whenever a person
subjects several persons to Qadhf by a single formula, if they demand the
execution of Hadd separately, separate Hadd shall be executed for the Qadhf of
each, but if they demand a Hadd jointly only a single Hadd shall be
established.
A Qadhf is
established by a confession made twice.
A confession is
effective only when the person making it is adult, sane and having free will
and intention.
A Qadhf is proved
by the evidence of two men of reputed integrity.
A convict shall be
flogged clothed in his usual garments and the lashes shall be medium and not as
severe as in case of the Hadd for Zina parts of the person convicted of Qadhf.
Whenever a person
commits Qadhf several times and every time the Hadd is executed on him, in case
he commits it for the fourth time, he shall be given death sentence.
Whenever a person
committing Qadhf after the execution of the Hadd says, "What I had said
was true." he shall be given Ta'zeer punishment.
Whenever a person
subjects another to Qadhf several times for the same (immoral) act, such as
Zina, only a single Hadd shall be established.
Whenever a person
subjects another to Qadhf for several (immoral) acts, such as Zina and sodomy,
several Hadds (equal to the number of the accusations) shall be incurred.
The Hadd for Qadhf
shall be set aside in the following cases:
1. Whenever the
person subjected to Qadhf confirms the accusation by the person making Qadhf.
2. Whenever the
witnesses in the number required by law (nisab) testify to the matter involved
in the Qadhf.
3. Whenever the
person subjected to Qadhf or all of his heirs pardon the person making the
4. When a man
subjecting his wife to Qadhf undergoes the process of Li'an (or Imprecation).
Whenever two
persons subject each other to Qadhf, whether their Qadhf is similar or
different, their Hadd shall be set aside they shall be given Ta'zeer
punishment.
If a Hadd is not
executed or condoned, it is transferred to the heir.
The right to
demand the Hadd for Qadhf is transferred to all the heirs except the husband
and wife, and each of the heirs shall be entitled to demand the execution of
the Hadd, although the other heirs may have condoned it.
Section
196 to 218
(Muharabah Ifsad
fi al-Ard)**
Every one who, in
order to create alarm and harassment and disturb public freedom and security,
takes up arms is termed a Muharib.
Explanation 1.
There is no difference between fire-arms and other arms.
Explanation 2. If
a person draws a weapon in public, but due to weakness is unable to harass any
individual, it shall not be termed a muharib.
Explanation 3. If
a person draws a weapon before a particular person or persons, and it has no
general feature, he shall not be termed a muharib.
*Published in the Official Gazette No.
10987 dated 24-8-1361/15-11-1982.
**Understood, though not given in the
Persian text. (Translator).
Explanation 4.
Every individual or group who takes up arms for combating the muharibs or
eradicating corruption from earth shall not be termed a muharib.
Whenever an armed
dacoit or a highway robber (using arms) disturbs the public and highway
security or creates alarm and harassment, he shall be termed a muharib.
If a group or
organized party makes an armed revolt against the Islamic regime, all the
individuals and supporters who have knowledge about the location of the group
or contribute in any way towards the advancement of the objectives of the group
shall be treated as muharib, although they may not be participating in of any
of their regular branches.
Explanation.
Several fronts formed with the various groups or persons shall be considered a
single unit of the original organization.
Every individual
or group who creates a plan for the overthrow of the Islamic regime and
purchases supplies, arms, or explosives, or with full knowledge and free will,
supplies the means, facilities, or arms shall be termed muharib and one engaged
in spreading corruption on earth (mufsid fi al-ard).
Every one who
volunteers for an important post in the coup d'etat government as a part of the
plan for overthrowing the Islamic regime, and whose work is in any way
effective in bringing about the coup d'etat shall be deemed muharib and one
spreading corruption on earth (musfif fi al-ard).
Muharabaj and
ifsad fi al-Ardh(spreading corruption on earth) shall be established through
one of the following modes:
A. By a single
confession, as long as the person making confession is adult, sane, and has
made the confession by free will and intention.
B. By the evidence
of only two men of reputed integrity.
Explanation 1. The
testimony of the persons subjected to the aggression of the muharibs cited in
favor of each other shall not be accepted.
Explanation 2.
Whenever some people have been subjected to the aggression of the muharibs,
evidence of those who declare that they have not in any way been harmed shall
be accepted when it is cited in favor of others (who claim to have been
harmed).
Explanation 3. The
testimony of the persons subjected to aggression of the muharibs), when
intended to establish the muharabah of the aggressors and not as a personal
complaint, shall be accepted.
The Hadd for
muharabah and ifsad fi al-Ardh shall be one of the following:
1. Beheading
2. Crucifixion
3. Amputation of
right hand and left foot
4. Banishment
The choice of any
of these four punishments rests with the judge, but in case there is some evil
factor (mafsadah) for the convict in the choice of any of these four punishments,
the judge shall not make the choice of that punishment, whether the convict has
killed, or injured any person or has stolen the property of a person, or has
not done any of these acts.
The Hadd for
muharabah and ifsad fi al-Ardh is not set aside when the person suffering it
condones it.
The person may be
banished if convicted of spreading corruption on earth (or mufsid) or a muharib
shall be kept under vigilance, and shall not be allowed to interact or have
social contact with others.
In any case, the
term of banishment shall not be for less than one year, even if the person
repents after he has been arrested. In case he fails to repent, he shall
continue to live in banishment.
A Muharib or a
Mufsid fi al-Ardh (or one spreading corruption on earth) during the currency of
his term of banishment shall be forbidden to leave for the non-Muslim
countries.
Crucifixion of a
mufsid or muharib shall take place with the following conditions:
A. He should be
tied in a way that it may not cause his death.
B. He should not
be left on the cross for more than three days, but if during the three days he
dies, his dead body may be brought down after the death.
C. If after three
days he is still alive, he shall not be killed.
Amputation of the
right hand and left foot of a mufsid and muharib is done in the same way as in
the execution of the Hadd for theft.
Whenever a muharib
has killed some one during combat (or muharabah) and the heirs to the deceased
(owliya al-dam) demand Qisas, the judge shall award the sentence of death,
provided all the necessary conditions are fulfilled.
If during combat
(or muharabah), a muharib causes an injury to a person which entails Qisas, the
person with whom the offence has been committed may, by the order of the court,
subject him to Qisas.
When a muharib or
a mufsid fi al-Ardh repents before he is arrested, the Hadd shall be set aside.
But if he repents after he has been arrested, the Hadd shall not be set aside.
I. Definition
Theft (sirqat; or
sariqah*) means stealing or secretly taking away of another's property.
A theft shall be
punishable by a Hadd only when the thief fulfills the following conditions:
*Theft is called "serghat or
sirqat" in Persian and "sariqah" in Arabic (Translator)
1. He should have
attained to the age of puberty according to the Shari
ah.
2. At the time of
the commission of the theft, he must have been sane.
3. He should not
have been compelled to commit theft by a threat.
4. He should not
have committed theft due to some emergency or unavoidable circumstances.
5. He should not
be the father of the person to whom the stolen property belongs.
6. He should have
full knowledge and realization that the property belongs to another.
7. He should know
and fully realize that taking away (another's) property is prohibited.
8. He should take
away the property by way of theft.
9. The owner of
the property should have kept the property in a guarded place (hirz)
10. The thief
alone, or with the help of another, should have broken into the guarded place.
Explanation . Hirz
means a place where property is kept in order that it may be away from the
sight of others and safe from being taken away.
11. The property
should have been taken away by the thief alone or with the help of another from
the guarded place.
Explanation 1.
Taking away the property from a guarded place by a lunatic or an indiscreet
minor is like taking away the property personally.
Explanation 2.
Whenever a thief is caught in the guarded place before taking away the
property, he shall not be liable to the Hadd.
Explanation 3.
Whenever the thief returns the property to its owner after having stolen it,
the theft shall not entail the liability for Hadd.
A theft shall be
punishable by Hadd only when the property stolen fulfills the following
conditions:
1. The property
should have been protected in a properly guarded place.
2. The property
should contain at least 4/5 gram of gold in the form of coin which is used for
money exchange, or its value should amount to this (minimum) limit.
Explanation 1. The
above quantity should relate to a single theft.
Explanation 2. The
total value shall be assessed according to the price at the time of the
commission of the theft.
Explanation 3.
Whenever two or more persons have a share in a stolen property, the share of
each one of them should reach the above (minimum) limit.
Explanation 4.
Whenever a person steals a document, check or other negotiable instruments,
which have themselves no value in the market but their theft causes monetary
loss to their owner, it shall not incur a liability for Hadd.
3. The guarded
place or the place where the property is kept should no have been usurped from
the person stealing the property.
4. The property
should not be a government trust property, or the like, which has no private
ownership.
A theft shall be
punishable by Hadd when it possesses the following features:
1. It must have
been committed stealthily.
2. There should
have been no famine in that year.
Explanation. In
case of absence of any of the conditions mentioned above, the thief shall be
given Ta'zeer punishment provided under the relevant chapter.
II. Modes of
establishment a Theft
Section 216
A theft punishable
by a Hadd is established in one of the following manners:
1. Evidence by two
men of reputed integrity.
2. A confession made
twice by the thief before the judge, as long as the person making the
confession is adult, sane and having intention and free will.
3. Knowledge of
the judge.
Explanation. If a
person makes confession before the judge once, and then returns the property to
its owner, he shall not be liable to the Hadd.
III. Conditions for Execution of the
Hadd
The Hadd for theft
shall be executed only if the following conditions are fulfilled:
1. The owner of
the property should have submitted a complaint about it before the judge.
2. The owner of
the property should not have pardoned the thief before submission of the
complaint before the judge.
3. The owner of
the property should not have bestowed the property to the thief before the
submission of the complaint.
4. The stolen
property should not have been transferred to the ownership of the thief through
a sale or a similar transaction prior to the establishment of the offence.
5. The thief
should not have repented before the establishment of the offence.
Explanation. If
repentance is made subsequent to the establishment of the offence, the Hadd
shall not be set aside, and it is not lawful to pardon (the thief after
establishment of the offence).
IV - The Hadd
for Theft
The Hadd for
theft, for the person's first offence, is cutting off the four fingers of the
right hand leaving the thumb and palm of the hand. The Hadd for the person's
second offence is cutting off the left foot leaving the fingers of the foot to
the ankle intact (drawing wet fingers of hand on the bisection of the hair on
the forehead and from the fingers of the foot to the ankle of the feet, as part
of ablution, or wudu', before the prayer, or namaz). The Hadd for the third
offence is the thief shall be sentenced to prison for life. And, the Hadd for
the fourth offence, when the person commits theft in prison, is death by
hanging.
Explanation 1.
Several acts of theft committed prior to the carrying out of the Hadd shall be
considered a single theft.
Explanation 2.
Whenever the fingers of the thief's right hand have been cut off, and another
theft is committed by him, his left foot shall be cut off.
(Passed on 24 Azar, 1361 - 15th
December, 1982)
Diyat is the money
paid to a person against whom the offence is committed or his/her or heirs due
to an offence against the life or a part of the body.
Diyat is
established in the following cases:
A. Murder, injury
or physical infirmity due to a sheer mistake. In this case, the offender
neither intended to commit an offence against the person, nor did he intend the
act committed, such as, when a person throws an arrow to kill an animal but it
hits a person.
B. Murder, injury
or physical infirmity due to mistake resembling an intentional act. In this
case, the offender intends to perform an act which is not an offence, but he
does not intend to commit an offence against the person. An example is when he
chastises another in a manner which is not of the type of an offence which
incidentally results in an offence, or a physician (or surgeon) treats a
patient in an ordinary and usual manner and by way of an accident physical
damage is done.
C. Diyat in cases
of Qisas, mentioned in its relevant place.
* Published in the Official Gazette No.
11030 dated 18/10/1361 - 1/12/1982
Explanation 1. The
intentional offences committed by a lunatic are treated as offences by sheer
misadventure.
Explanation 2. When it is proven legally that
certain offences were committed with the belief that the person (who committed
the offence) was liable to Qisas or with the belief that the person was one
whose blood may be shed with impunity (mahdur al-dam), and that the person
against whom the offence was committed was neither liable to Qisas nor one
whose blood may be shed with impunity, in this case the offence shall be
treated as one committed by mistake resembling unintentional offence.
The Diyat for the
murder of a Muslim man shall be any of the following items, and the offender
shall be free to choose any one of them, but it is not lawful to mix them up.
A hundred healthy
camels, free from all blemishes and not very lean.
Two hundred
healthy cows, free from all blemishes and not very lean.
One thousand
healthy sheep, free from all blemishes and not very lean.
Two hundred pieces
of garments, made of Yemeni cloth free from all defects.
One thousand pure
and unalloyed Dinars, in the form of coins each of the Dinars weighing one
Shar'i mithqal of gold = 18 nokhods (a nokhod being approximately equal to 1/5
gram).
Ten thousand pure
and unalloyed Dirhams in the form of coins, each dirham weighing 12/6 nokhods
of silver.
Explanation. When
both parties agree, the payment of any one of the above is sufficient, as is
any mixing up of the above items (to satisfy the purpose of the law).
In cases where
Qisas is not possible, or the heir of the murdered victim agrees to the payment
of Diyat, the Diyat for a willful murder shall be one of the above mentioned
six items. However, in the case of camels it is necessary that the animals be
more than five years old and the sixth year should have started.
The Diyat for a
willful murder or an unintentional murder committed in the harem of Holy Mecca
or during one of the harem months (namely, Rajab, Dhul Qa'dah, Dhul Hijjah and
Muharram) shall be one of the afore-mentioned items plus one-third of each type
opted this. This law, does not apply to other places or months, no matter how
sacred they may be.
The Diyat for a
willful murder or an unintentional murder of a Muslim woman is half of the
afore-mentioned items.
The Diyat for a
man and a woman is the same in the case of injuries, until the Diyat amounts to
one-third of the full Diyat in which case the Diyat for the injuries of a woman
shall be half of that of a man.
The time allowed
for the payment of the Diyat in the various cases is respectively as follows:
A. The Diyat for a
willful murder must be paid within a year, and it is unlawful to further delay
its payment, except by the mutual agreement of both the parties.
B. The Diyat for
culpable homicide not amounting to murder (or semblance of a willful murder)
must be paid within two years.
C. The Diyat for
murder by sheer misadventure must be paid within three years.
Explanation. The
Diyat for murdering a fetus (janin) as well as the Diyat for injuring a part of
its body shall be paid in the same order as mentioned in the preceding section.
In the case of a
willful murder or a semblance of a willful murder, the murderer himself is
liable to pay the Diyat. However, in the case of a murder by sheer misadventure
the 'Aqilah (or close relatives) (or close relatives) of the murderer are
directly liable to pay the Diyat, and no recourse will be made to the murderer
(for its payment).
In the case of a
culpable homicide not amounting to murder, if the murderer is not able to pay
the Diyat despite the longer period allowed for its payment, his close
relatives are liable to pay it, the closer being preferred to the remoter. If
he happens to have no close relatives, or they are not able to pay the Diyat,
it shall be paid from the bayt al-mal (or the State Treasury).
The Diyat for
murder by sheer misadventure as well as the Diyat for the "Mudihah"
*injury and the Diyat for injuries deeper than that shall be paid by the
'Aquilah, while the Diyat for injuries lesser than that shall be payable by the
offender himself.
*Mudihah is an
injury which lays open the whiteness of a bone. (See Glossary at the end).
Explanation. Both
willful offences and those with only a semblance of intention committed by a
minor or a lunatic are treated as offences committed by sheer misadventure.
Therefore, the 'Aquilah (or close relatives) are liable to pay the Diyat.
The 'Aquilah
include the close male relatives, on either just the father's side or both the
father's and mother's side, such as the father or paternal grandfather,
brother, son, paternal uncle or his sons.
The wife is not
counted among the 'Aquilah (or close relatives) and is not liable to pay the
Diyat for offences committed by her husband by misadventure. Equally, minors
and lunatics are not considered among the 'Aquilah and therefore are not held
liable to pay the Diyat for offences committed by their close relatives.
If the 'Aquilah
(or close relatives) are destitute, they are not held liable to pay the Diyat
for offences committed by their close relatives.
Whenever a
culpable homicide not amounting to murder is proved by the evidence of
witnesses of reputed integrity, the 'Aquilah (or close relatives of the
offender) shall be liable to pay the Diyat. But if it is proved by the
confession of the offender, the offender shall be personally liable to pay the
Diyat.
Whenever an actual
murder is proved by the evidence of witnesses of reputed integrity and the
offender claims that it has been committed by misadventure, and the 'Aquilah
take an oath, their word shall be given preference to that of the offender.
A person is liable
for the offences committed by him by misadventure. A person causing some
financial loss shall be liable for the financial loss incurred by, and his/her
'Aquilah shall not be liable to pay the financial losses when the losses are
incurred by offences committed by misadventure or the like. They are liable
only to pay the Diyat for the culpable homicide not amounting to murder as well
as the injuries inflicted by misadventure.
The Diyat for the
offences committed by sheer misadventure shall be paid by the 'Aquilah in order
of respective degrees of (heirs to) inheritance.
Whenever the
offender has no close relatives ('Aquilah) or they are not able to pay the
Diyat within three years, the Diyat shall be paid from the bayt al-mal (or the
State Treasury).
The offender is
liable to pay the Diyat for a willful murder as well as a (illegible) homicide
not amounting to murder. But in case he escapes, it shall be paid from his
property. In case he has no property, his close relatives will be liable to pay
it, the closer being preferred to the remoter. If he has no close relatives or
they are not able to pay the Diyat, it shall be paid from bayt al-mal (or the
State Treasury).
An offence,
whether committed directly or by an intermediate cause, or both directly and by
an intermediate cause at the same time shall entail liability.
An offence is
committed directly when it is committed personally by the offender himself.
An offence is
committed by an intermediate cause when a person provides the cause of loss of
life or injury to another, but does not commit the offence directly, such as,
when a person digs a well and some one falls into it receiving injury.
In case an offence
is committed by a person directly as well as by an intermediate cause, the
offender shall be held liable, except when the intermediate cause is stronger
than the direct commission.
Whenever a
physician (or a surgeon), though an expert and specialist, during a treatment
made personally or by his order (even if it is made with the permission of the
patient or his guardian) causes loss of life, infirmity or financial loss, he
shall be held liable for it, except when he has obtained a bond of impunity
from the patient or guardian before the treatment has begun.
When a person is
circumcising another and causes an offence or loss to him due to excessive
circumcision, he shall be held liable for it, although he may be an expert or
specialist.
Whenever a
Veterinary surgeon or Veterinarian, though a specialist, during the course of
treating an animal, with the permission of the animal's master, causes some
injury to the animal, he shall be held liable for it, unless he has obtained a
bond of impunity fro the master before the treatment has begun.
Whenever a
physician, a surgeon, a veterinary surgeon, or the like, has obtained a bond of
impunity from the patient, his guardian or the master of the animal before
starting the treatment, he shall not be held liable for the loss sustained (by
the patient or the animal).
Whenever a person
sleeping causes an infirmity or loss of life to another due to some movement or
rolling, his offence shall be considered to have been committed by sheer
misadventure and his 'Aquilah shall be held liable for it.
Whenever a person
carries something by his side or with him by means of transport, and it strikes
against another and causes an offence, in case it is done willfully or by
semblance of intention, he shall be held liable for it. In case it is done by
sheer misadventure, his 'Aquilah (or close relatives) shall be held liable for
it.
Whenever a person
drags a weapon before another, or provokes a dog against another, or performs
an act to harass another, and the other person dies as a result, and the act is
one which may kill a person, or it is done with the intention of killing a
person, though it may not be of the type which may kill a person, it shall be
treated as a willful murder, and the offender shall be liable to Qisas.
However, in case, if the act is not one which may kill a person or is not done
with the intention of killing a person, it shall be treated as a culpable
homicide not amounting to murder, (or semblance of a willful murder), and the
murderer shall be liable for its Diyat.
Whenever a person
harasses another compelling him to escape, and while escaping, throws himself
down from a high place or falls into a well and as a result of it dies, if the
harassment had caused loss of intention or will power or an obstacle in the way
of his decision, the person harassing him shall be held liable for it.
Whenever a person
throws himself from a high place and, falling upon another, causes an offence,
even though he had no intention of committing the offence, and the act done
intentionally by him was also not of a type which is likely to cause the
offence, he shall be held liable to pay the Diyat. If he wanted to fall down at
a place where there was no one else, but by way of an accident he fell down at
a place where there was someone else, 'Aquilah (or close relatives) shall be
liable to pay the Diyat. But in case he falls down somewhere as a result of a
slip or some other accident beyond his power, the liability shall be neither
his nor that of his 'Aquilah.
Whenever a person
causes an injury to another, and that person dies or receives some injury, he
shall be held liable to pay Diyat, although he did not do so in order to commit
an intentional offence, nor was the act of a type which is likely to cause an
offence.
Whenever a person
throws another on a third person and the third person dies or receives injury,
he shall be liable to pay Diyat, even though he may not have done it in order
to commit an offence or the act was of the type which is likely to cause an offence.
Whenever a person
is on his own property, a lawful place or a vast public place, and another
person collides with him and is injured, the former shall not be held liable
for any damage
Whenever a
person stops quickly at a place, such as, in a narrow path, and another person
collides with him by mistake or without any intention, and dies, the person
stopping there shall be held liable for Diyat. Likewise, if he causes a
passerby to slip and be hurt, he shall be liable for the damage, except when
the passerby should have intentionally hit against him despite vastness of the
path, in which case not only that his damage shall go uncompensated but he
shall also be held liable to compensate the person stopping there for the
injury received by him.
Whenever two
persons hit against each other and die in consequence, while both of them were
riding or one of them was riding and the other was going on foot, in case it
was semblance of a willful murder, half of the Diyat of each shall be paid from
the property of the other. In case it was an offence committed by sheer
misadventure, half of the Diyat of each shall be paid by the 'Aquilah of the
other.
If two persons
collide with each other and, as a result, one of them dies, in case it was
semblance of a willful murder, half of the Diyat of the deceased shall be
payable by the other. In case it was an offence committed by sheer
misadventure, half of the Diyat of the diseased shall be paid by the ''Aqilah
(or close relatives) (or close relatives) of the other.
When as a result
of a collision of two persons in their means of transport, such as a car, and
the means of transport is damaged, in case both of them are held responsible
for the accident and collision, or neither is responsible, each of them shall
be liable for half of the damage to the means of transport belonging to the
other, whether the two means of transport are of the same type or not. In case
one of them is responsible for it, he alone shall be held liable for the
damages.
Explanation. The
mistake (or misadventure) includes carelessness, negligence, lack of experience
and non-observance of the government traffic rules and regulations.
Whenever persons
riding in two or more different means of transport die as a result of their
collision, in case it was semblance of a willful murder, the driver of each of
the means of transport shall be liable for half the Diyat of all the persons
riding in them. In case it was an offence committed by sheer misadventure, the
'Aquilah (or close relatives) of each of them shall be liable to pay half the
Diyat of all the persons riding in the two means of transport. If the collision
took place due to the semblance of a willful offence of one and by sheer
mistake of the other, payment of the Diyat shall be made according to the
respective liability of each of the two drivers.
If the collision
took place due to an avalanche or storm or some other act of God there shall be
no liability whatsoever to either.
Whenever a person,
who was invited and carried by another from his house at night, becomes
missing, the person inviting him shall be liable to pay his Diyat. If, however,
he claims that a third person killed him and adduces evidence in support of
such claim, he shall be acquitted. If he does not make such claim or cannot
adduce evidence in support of such claim, he shall be liable only for the
payment of the Diyat. If it is proved that the man has died a natural death or
due to an act of God, no liability shall lie on the person inviting him.
Whenever a person
digs a well in a public highway or a place which cannot be lawfully possessed,
and places a stone or a slippery thing there, or does something which may cause
injury or damage to a passer-by, he shall be liable to pay the Diyat or
damages. But if the well is situated on his own property or at place which can
be lawfully possessed by him, he shall not be liable to pay the Diyat or
damages.
Whenever a person
performs any of the above acts on property belonging to another with the
permission of the master, and causes injury or damage to a third person, he
shall not be liable to pay Diyat or any damages.
Whenever an act is
committed on a public highway in the interest of the passers-by which causes
injury or damage to a person, in case the person doing the act has taken
necessary (precautionary) measures which are usually considered to be intended
to warn the passers-by, he shall not be liable to pay Diyat or any damages.
Whenever a person
performs any of the acts mentioned in Section 43 above in his own house, and
invites to his house a blind person who is not aware of it due to his blindness
or darkness, he shall be liable to pay the Diyat or damages. If, however, a
person enters the house of the other without the permission of the house-owner
before the performance of the above mentioned acts (i.e. the necessary
precautionary measures) and the house-owner be ignorant of his entrance, he
shall not be liable to pay any Diyat or damages.
Whenever due to an
act of God, such as a flood etc., any of the above-mentioned accidents takes
place and causes injury or damage, no one shall be held liable (for them),
although he may have been capable to avoid such accidents. If, however, flood,
etc. brings something along, and a person puts it at a place similar to the
first or even worse than that, he shall be liable to pay the Diyat or damages.
Again, if he picks it up from the middle of the road and places it in a corner
in the interest of the passers-by, he shall not be held liable to anything.
Whenever a person
performs any of the acts mentioned in Section 43 above in a property belonging
to another by way of a trespass, and a third person who enters the property by
way of a trespass receives some injury, the person committing the trespass (and
doing an act mentioned in Section 43 shall be liable to pay the Diyat and (or)
damages to the person who receives the injuries.
Whenever a person
places merchandise or means of transport on a public highway, and it causes
damage to another, he shall be liable for it, except when it is in the interest
of the passers-by that the articles be placed temporarily on the highway.
(Illegible)
passer-by he shall be liable for the payment of the Diyat and damages, except
when an adult and sane passer-by deliberately steps on it.
Whenever a person
places something on his wall, and it collapses by way of an unforeseen accident
on the public highway, and causes some damage (to a passer-by), he shall not be
liable for the damage, except when he had placed it in a way that it would
usually fall down.
Whenever a down
pipe, or balcony or any part of the house causes loss, damage or injury to a
passer-by or a public highway, the owner of the house shall be liable for it.
If, however, it was built in accordance with the law, and is without damage,
and accidentally falls causing injury or damage to a passer-by, the owner of
the house shall not be liable for it.
Whenever a person
builds a wall with a strong foundation on his own property or a property where
it is lawful for him to build the wall, and it collapses as a result of an
unforeseen accident, such as an earthquake, and causes damage to another, its
owner shall not be liable for the damage. Similarly, if the person has built
the wall on the side of his own property, so that if it falls it would
naturally fall in his own property, but instead it accidentally falls on the
other side and causes some injury or damage, its owner shall not at all be
liable for it.
Whenever a person
builds a wall on his own property in a balanced manner without being inclined
to one side, but gradually it becomes inclined to fall on the property of
another, and if in fact the wall falls before its owner is able to repair it
and causes injury or damage, its owner shall not at all be liable for it. If,
however, he is able to repair it and it falls due to his negligence and causes
some damage, its owner shall be held liable for the damage.
Whenever a person
makes the wall of another bend or incline to fall, and then the wall falls
causing injury or damage to another, that person shall be liable for the
damage.
When a person
carefully lights a fire on his own property, knowing that it will not spread to
the property of another since it hasn't in the past, but accidentally it does
spread to the property of another causing injury or damage, he shall not be
liable for it.
Whenever a person
lights a fire on his own property and it spreads to the property of another, or
he knows that it will spread to another's property because it has in the past,
and as a result of its spreading injury or damage is done, he shall be liable
for it, even though he may have needed the fire.
Whenever a person
lights a fire on his property, and that fire spreads to another place, he shall
be liable to compensate for the loss or damage done, even if he has lit up the
fire as much as he needed.
Whenever a person
lights a fire on another's property without permission, or on a public
thorough-fare without being careful of the interests of the passer-by, and it
causes loss or damage, he shall be liable to compensate the loss or damage,
even though he may have not intended to cause any loss or damage.
Explanation. In
cases where the person lighting the fire is held liable for the loss or damage,
there should have been no thought given to the escape or safety of the persons
suffering injury or loss.
Whenever a person
lights a fire, and another person throws property belonging to a third person
into the fire and it is burned, the person throwing the property shall be
liable for it and not the person lighting up the fire.
Section 61
The master of
every animal, with knowledge of his animal's potential to attack or injure
another, should take proper care of his animal, and if the animal causes loss
or damage to another due to the carelessness or negligence of the master, its
master shall be liable for it. However, should the master have no knowledge
about the animal's potential to cause attack or loss to others, or has such
knowledge but is unable to provide protection against it, and does not in any
way fail to take care of the animal, he shall not be liable for the loss caused
by the animal.
Whenever an animal
attacks another, and that person guards himself against the animal as much as
necessary, and this defense causes death or injury to the animal, the person
defending himself shall not be liable for it. So also if, by way of defense as
much as is necessary, he keeps that animal away from attacking another person
or his property honored by the defender, and his act may cause loss or injury
to the animal, he shall not be liable for it.
Explanation:
Whenever an animal causes loss or injury and the person defending themselves or
their property puts up more than an absolutely necessary defense, the person
causing it shall be liable for it.
When due to the
negligence of the master, an animal attacks another animal and causing injury,
its master shall be liable for the injury, and, if injury is caused to the
animal attacking the other, no one shall be liable for it.
Whenever a person
enters the house of another without his permission, and the dog of the house
causes injury to that person, the owner of the house shall be liable for it,
whether that dog was in the house at that time or entered that house later, or
whether the owner had knowledge that the dog might cause injury to another or
not.
If as person is
riding an animal or walking with it holding its reins, he shall be liable for
the damage caused by the animal with his head, neck or fore-legs, and not for
the damage caused by its hind-legs, except when the animal becomes out of the
control of the rider or the one holding the reins, even though the animal may
not normally be rebellious. But if a person drives an animal from behind, it,
he shall be liable for the damages caused by the animal.
Whenever a person
halts an animal, he shall be liable for all the damages caused by that animal,
whether with his head, or fore-legs or hind-legs.
Whenever a person
hits an animal, and as a result of that hitting, that animal causes damage, the
man hitting the animal shall be held liable for the damage.
If a person rides
an animal, and another draws its reins from the front, or drives it from
behind, and that animal causes damage with its head, or fore-legs or hind-legs,
in case of the damage caused with the front part of its body, the rider and/or
the person drawing the reins or the person driving it form behind shall be
jointly liable for it, while in case of the damage caused by its hind-legs only
the driver (or the person driving the animal from behind) shall be liable for
it.
Whenever two
persons have a share in the commission of an offence, one by way of an
intermediate cause and the other by way of a direct cause, even when the
contribution of both is equal or the contribution of the person with direct
cause is greater, only the person with direct cause shall be liable for it.
Whenever there is
a contribution of two causes in the commission of an offence, one intermediate
and the other direct, and the intermediate cause may have a greater share in
the commission of the offence than the direct cause, only the intermediate
cause for the commission of the offence shall be liable for it.
Whenever two
persons share in the commission of an offence by way of an intermediate cause
only, and not by way of a direct cause, the person who acted first shall be
held liable for it, such as when one person digs a well and another person
places a stumbling block on its bank and a passer-by fall into the well as a
result of encountering the stumbling block, only the person who has placed the
stumbling block shall be held liable, and there shall be no liability on the
person digging the well.
Explanation. In
the above case a person who is the transgressor shall be liable.
Whenever two
persons together cause an injury or damage, they shall be equally liable for
the damage.
Whenever due to
the creation of a cause two persons collide with each other and are killed or
injured due to the collision, the person responsible for the cause shall be
held liable.
Whenever a person
loses property or wealth in an effort to remove probable risk or loss to
another as a result of the request of the other, no one shall be liable for it,
except when the other has accepted the liability for his loss or damage.
In case of an
offence committed against the limb of another whose amount of Diyat has not
been specified by the Shari'ah, the person committing the offence shall pay
arsh or the fine.
Whenever a person
causes the disappearance of the hair of the head or face of a man in a way that
they do not grow again, he shall be liable for the payment of the full Diyat.
In case the hair grows back again, he shall be liable to arsh with regard to
the hair of the head, and in respect of the hair of the beard, he shall be
liable to one-third of the full Diyat.
Whenever a person
causes the disappearance of the hair of a woman's head in a manner that it will
not grow again, he shall be liable to a woman's full Diyat. In case the hair
can grow again, he shall be liable to her proper dower (mahr al-mithl), and
there shall be no difference whether the hair is long or short.
Explanation. If
the woman's proper dower exceeds the amount of her full Diyat, the payment
shall be made only up to her full Diyat.
If part of the
hair which has disappeared grows again and part of them does not, the amount of
hair which does not grow shall be assessed in proportion to the hair of the
whole head, and the payment of the Diyat shall be made in the same proportion.
The determination
of whether the hair will or will not grow again rests with an expert. If a
Diyat or arsh is paid according to the opinion of an expert, and subsequently
the hair grows again, the surplus amount of the arsh shall be returned to the
person committing the offence.
The Diyat for the
total hair of the two eyebrows, when they do not grow again, shall be 500
Dinars, and 250 Dinars each, and that of part of each eyebrow shall be
proportionate (to the quantity of the hair that do not grow). If subsequently
the hair happens to grow again, there shall be the liability for the payment of
the arsh. (Again), if part of the hair grows again and the other does not, with
regard to the hair which has grown again, there shall be the liability for the
payment of arsh, and Diyat shall be paid after due assessment of the area of
hair which has not grown again.
Causing the
disappearance of eyelashes and the hair of the eyelids entails liability for
the payment of arsh, whether they grow again or not, or whether all of them disappear
or only a part of them does.
Causing
disappearance of hair other than those mentioned (in the preceding sections)
shall entail the liability for the payment of only arsh and not Diyat.
Causing
disappearance of the hair entails the liability for the payment of the Diyat or
arsh when it results in the disappearance of the hair only, and not the loss of
the skin or limb, etc., in which case only the Diyat of the affected limb, etc.
shall be required to be paid.
Causing loss of
both sound eyes shall entail the liability for the payment of full Diyat, while
the Diyat for either of them alone shall be half of the full Diyat.
Explanation. All
eyes with sight are equal in the application of the above law, although they
may be different from one another in respect of their being weak, sick,
nyctalopiac (having night-blindness), or squinting.
The Diyat for
causing loss of an eye with a white blot in its dark portion which, is not an
obstacle to sight, shall be full. If, however, the blot causes some difficulty
in the sight, the amount of which can be assessed the Diyat shall be reduced in
the same proportion. In case it obstructs the sight entirely, it (i.e., causing
loss of such eye) shall entail the liability for the payment of an arsh and not
a Diyat.
The Diyat for
(causing loss of) the eye of a person who has one sound eye and another blind
since his birth, or having another eye loose sight has been lost due to some
disease or other non-criminal causes shall be full. But if the person has lost
one of his eyes in consequence of the execution of a Qisas or any other
offence, the Diyat for (causing loss of) shall (other sound) eye shall be half
the Diyat.
If a person has
one sound eye and the other blind, the Diyat for causing loss of the blind eye
shall be one-third of the full Diyat, whether it had been blind since his birth
or was lost in consequence of the commission of an offence.
The Diyat for
causing the loss of all the four eyelids of both eyes shall be full Diyat,
while that of causing the loss of the lower eyelids is half the Diyat.
The Diyat for
cutting off all at once the entire nose or its soft part beneath the upper
nose-pipe and the nose-bone shall be full, while that of part of the soft part
of the nose shall be the Diyat in the same proportion.
Cutting off part
of the nose bone after cutting the soft part of the nose shall entail the
liability for a full Diyat and an arsh.
Making the nose
defective, breaking or burning it in a way that it cannot be repaired shall
entail the liability for a full Diyat, but if it is repaired leaving no defect,
it shall entail the liability for the payment of one hundred Dinars.
Paralyzing the
nose entails the liability for two-third of a Diyat, while cutting a paralyzed
nose entails the liability for one-third of a full Diyat.
Cutting either of
the nostrils shall entail the liability for one-third of a Diyat, while causing
holes in the nose in a manner that both the nostrils and the cartilage between
the nostrils should be torn or perforated causing their complete loss, shall
entail the liability for one-third of a full Diyat, and if they are repairable,
it shall entail the liability for one-fifth of a Diyat.
Cutting off both
ears shall entail the liability for a full Diyat, cutting off one is half the
Diyat, while cutting off part of the ear entails the liability for the same
amount of Diyat in proportion to the whole ear.
Cutting off the
ear lobe shall entail the liability for one-third of a Diyat, while cutting
part of it shall entail the liability for the same amount of Diyat in the same
proportion (to that of the whole ear).
Tearing off the
ear entails the liability for on-third of a Diyat.
Paralyzing the ear
entails the liability for two-thirds of a Diyat, while cutting off a paralyzed
ear entails the liability of one-third of a Diyat.
Explanation 1. The
above law applies equally to a sound hearing ear as well as deaf ear.
Explanation 2.
Whenever an injury to an ear affects its power of hearing and damages it, or
causes the expansion of the effect to the bone and fracturing it, for each
there shall be the liability of a separate Diyat.
Cutting off both
lips entirely entails the liability for a full Diyat, while cutting off one lip
is half of the Diyat, and cutting part of a lip the liability for the same
amount of Diyat in proportion to (that of) the whole lip.
An offence causing
the lips to contract, so they cannot cover the teeth, shall entail part of the
Diyat to be determined by the judge.
An offence which
causing slackness in the lips so they do not move while laughing or any other
such normal acts shall entail the liability for two-third of a full Diyat.
Cutting off
paralyzed and insensible lips entails the liability for one third of a Diyat.
Splitting both the
lips causing the teeth to be visible shall entail the liability for one-third
of a full Diyat. If they are repaired, there shall be the liability for
one-fifth of a full Diyat. Splitting a single lip causing the teeth to be
visible shall entail the liability for one-third of a Diyat for a lip, and in
case it is curable, there shall be the liability for one-fifth of the Diyat of
a lip.
Cutting off a
sound tongue entirely or turning a sound man dumb by inflicting a blow on his
brain, or a similar part of the body, shall entail the liability for a full
Diyat, while cutting the whole tongue of a dumb person shall entail the
liability for one-third of a full Diyat.
Cutting off part
of a dumb tongue shall entail the liability for the same amount of Diyat in
proportion to that of the whole tongue, while the Diyat for cutting off part of
a sound tongue shall be in proportion to the loss of the capacity to pronounce
the alphabet.
The amount of
Diyat for the offence committed on the tongue, not causing the loss of the
capacity to pronounce the alphabet but resulting in some defect in the tongue,
shall be determined by the judge.
When a person cuts
ff part of the tongue causing loss of the capacity to pronounce some of the
alphabet, and another part of the tongue is cut off by another person causing
the loss of the capacity to pronounce the rest of the alphabet, the Diyat
(payable by each of the persons) shall be proportionate to the loss of the
capacity to pronounce the alphabet (caused by the respective acts of the two
persons).
Cutting off the
tongue of a child before he/she starts speaking shall entail the liability for
(the payment of) full Diyat.
Cutting off a
child's tongue who has attained to the age of speaking but who does not speak,
shall entail the liability for one-third of a Diyat. If subsequently it
transpires that his tongue was sound and could speak, it shall entail the
liability for a full Diyat, and the person committing the offence shall pay the
balance.
Whenever an
offence causes dumbness in a person a full Diyat is charged from the person
committing the offence, and if the tongue becomes sound, the Diyat shall be
returned (to the person committing the former offence).
Causing loss to
all twenty eight teeth shall entail the liability for (illegible) Diyat, and it
shall be distributed in the following manner:
1. The Diyat for
(causing loss to) each of the fore-teeth including the fore-teeth, quadruplets
and the canine-teeth one pair of each of which is up and one down, totaling twelve
in all, shall be fifty Dinars, and that of all of them six (illegible).
2. The Diyat for
causing the loss of each of the hind-teeth (which are there on all the four
sides of the ends, up and down, each has one dahik and three dirs or molar
teeth) totaling sixteen in all, shall be twenty-five Dinars, and that of all of
them four hundred Dinars.
The extra teeth,
of whatever name and in whatever manner growing, shall have no Diyat. If
pulling them out causes some defect, its fine shall be determined by the judge.
If no defect is caused, it is up to the judge to award the punishment of up to
fifty lashes by way of Ta'zeer.
Whenever a person
has less than twenty eight teeth, the Diyat (for causing loss to them) shall
also be reduced in the same proportion, whether they are in a lesser number
since birth or in consequence of a disease.
There shall be no
difference between the teeth having various colors. If a tooth is blackened in
consequence of an offence but does not fall, its Diyat shall be two-third of
that tooth if it were sound. The Diyat for a tooth which is already blackened
shall be one-third of that tooth if it were sound.
In case a tooth is
cracked but not pulled down or lost, its monetary fine shall be determined by
the judge.
Breaking that part
of a tooth which is visible with its root remaining intact shall entail the
liability for a full Diyat of that tooth. If after the part of the tooth
mentioned has been broken, a person pulls out the remaining part of the tooth
from its root, its fine shall be determined by the judge, irrespective of
whether the person pulling the remaining part of the tooth from its root is the
same who had broken the visible part of the tooth or another.
Pulling out the
baby-tooth of a child in whose place the adult tooth does not grow shall entail
the liability of a full Diyat of the tooth, but if the adult tooth does grow in
place, the Diyat for the mild-tooth pulled shall be one camel.
Pulling out a
tooth entails the liability of a full Diyat, even though the same tooth is
placed in its original place and it become as it was before.
Whenever another
tooth is fitted in the original place of the tooth pulled out and becomes like
the original tooth, pulling out that new tooth shall entail the liability of a
full Diyat.
Breaking the neck
in a way that it becomes bent shall entail the liability of a full Diyat.
The fine for an
offence which causes the neck to bend, as well as that of an offence which
causes obstruction when swallowing food shall be determined by the judge.
When the effect of
an offence is that the bent neck of a person as well as an obstruction in
swallowing food disappears, there shall be no Diyat and only arsh shall be
paid, even if afterwards the person experiences difficulty in keeping his neck
straight or swallowing the food.
Causing loss of
both the jaws entails the liability for a full Diyat, and the Diyat for
(causing loss of) one jaw is 500 Dinars, while the Diyat for (causing loss of)
part of one jaw is proportionate to the amount of area (affected). The Diyat
for causing loss of one jaw and part of another is half the Diyat along with
the amount of Diyat determined after due assessment of the area of the other
jaw.
The Diyat for a
jaw is separate from that of a tooth, and when the loss of a jaw and a tooth
occur at the same time, a Diyat shall be charged for each separately.
The fine for an
offence causing some defect in the jaw, difficulty or defect in chewing shall
be determined by the judge.
Causing loss of both
hands to the joint and the wrist entails the liability for a full Diyat, while
that of one is half, whether the victim is one-handed (due to accident or birth
defect) or had enjoyed the use of both hands before the commission of the
offence.
Cutting off all
the fingers of one hand, up to the wrist, entails the liability for the payment
of 500 Dinars.
The fine for
cutting the palm of the hand which has been without fingers since the birth or
had become so in consequence of an accident shall be determined by the judge.
The Diyat for
cutting the hand up to the elbow is 500 Dinars, whether it had a palm or not.
Likewise, the Diyat for cutting the hand up to the shoulder is 500 Dinars,
whether it has an elbow or not.
The Diyat for
cutting a hand with all its fingers, when more than the joint and wrist is cut
or more than the elbow is cut shall be 500 Dinars with an addition to be
determined by the judge keeping in view of the extra area (of the hand).
If a person has
double hands from his wrist, elbow or shoulder, the Diyat for (cutting) his
real hand shall be 500 Dinars, while the fine for (cutting) the extra hand
shall be determined by the judge. If a person cuts hands, (the real and the
extra) he shall be liable for the Diyat of the real hand in addition to the
fine for the extra one, whether he cuts them both together and separately.
Explanation*. The
determination as to which of the hands is real and which is the extra depends
on the opinion of an expert.
The Diyat for
cutting all ten fingers or all ten toes shall be full, while the Diyat for each
finger or toe is one-tenth of the full Diyat.
The Diyat for
cutting each finger shall be divided into the number of the knuckles of that
finger, so that the Diyat for cutting each of the knuckles of the fingers other
than the thumb shall be one-third of that of a whole finger, while for that of
a thumb half of that of a whole thumb.
*Understood, though not in the original
Persian text. (Translator)
The Diyat for
cutting an extra finger shall be one-third of that of a real finger, while that
of an extra knuckle one-third of that of a real knuckle.
The Diyat for
paralyzing a finger shall be two-thirds of that of a sound finger, while the
Diyat for cutting a paralyzed finger shall be one-third of that of a sound
finger.
The Diyat for
pulling out a nail so it will not grow again, or if it grows is defective or
black shape, shall be ten Dinars, but if it grows again in a sound and while
shape the Diyat shall be five Dinars.
The Diyat for
breaking the spinal column shall be full, whether it is cured or not, or if
after treatment it takes the shape of a bow and becomes curved, or if the man
is unable to walk without the help of a stick, or if it results in the loss of
his sexual power, or if in consequence the victim suffers from diabetes, or
incontinence of urine. Likewise, the Diyat for an offence causing the back to
bend or the loss of ability to sit or walk shall be full.
When, after the
fracture of the spinal column or the commission of an offence affecting the
spinal column, treatment proves effective and no trace of the offence remains,
the person who committed the offence shall pay (only) one hundred Dinars.
When breaking the
of the back causes both legs to be paralyzed, there shall be full Diyat for
breaking the back and two-third of a full Diyat for paralyzing the two legs.
Cutting the whole
medulla incurs the liability for a whole Diyat, while the Diyat of cutting part
of it shall be proportionate to the area.
Whenever cutting
the medulla causes another limb to become defective, in case a Diyat is
specified for that limb, its Diyat shall be added to that of the cutting of the
medulla. In case it has no specified Diyat, its fine, determined by the judge,
shall be added to the full Diyat of the medulla.
The Diyat for
cutting both the testacies at once shall be full, while the Diyat for cutting
the left testicle shall be two-third and that of the right one-third of the
Diyat.
Explanation. There
shall be no difference in the application of the above law between the cases of
young or old, minor or adult, impotent or potent and such other persons.
The Diyat for
rupturing both testicles shall be four hundred Dinars. If the rupture causes
loss of the ability to walk, its Diyat shall be eight hundred Dinars.
Cutting both feet
entirely, whose limit is the joint of the shin-bone, shall entail the liability
for a full (illegible).
The Diyat for
cutting all ten toes shall be full, while that of each toe shall be one-tenth
of the full Diyat. The Diyat of the smaller shall be divided into that of the
three knuckles, while that of the big toe shall be divided into that of two
knuckles.
The Diyat for
breaking every rib on the left side covering the heart shall be twenty-five
Dinars, while that of all the right side shall be ten Dinars.
Breaking the two
clavicle bones (i.e. bones under the neck) shall entail the liability of a full
Diyat, while breaking either one of them so as to make them either incurable or
curable with a permanent defect shall be half of the full Diyat, but fully
cured, its Diyat shall be forty Dinars.
Breaking the anus
so as to cause loss of control of feces excretion shall entail the liability
for a full Diyat. In case the victim is not able to control the emission of a
fart, it shall entail the liability for a fine to be determined by the judge.
The blow to the
joint of the testicles and the anus causing the loss of control of urine or
excretion of the feces shall entail the liability for a full Diyat. The same
Diyat will be incurred if the blow is inflicted on some other body part causing
the loss of control of urine and excretion of the feces.
If a person kicks
or in some other way causes the excretion of urine or feces, it shall entail
the liability for payment of one third of the full Diyat.
Breaking the hymen
of a girl with a finger, causing loss of control of urine, shall entail the
liability for her proper power in addition to full Diyat of a woman.
The Diyat for
breaking the bone in a limb, shall be one-fifth of the Diyat specified. If the
bone is cured in full, the Diyat for (breaking) it shall be one-fifth. The
Diyat for crushing a bone shall be one-third of the Diyat of limb, and if it is
totally cured with no defect, its Diyat shall be four-fifth of the Diyat for
causing its separation.
Causing the
separation of the bone from a limb causing it to become useless shall entail
liability for two-third of the Diyat of a limb. If it is cured without defect,
its Diyat shall be four-fifth or the Diyat for causing its separation.
An offence causing
the loss of reason shall entail the liability for a Diyat. If, however, it
causes some damage to reason, it shall entail the liability for a fine.
Causing loss or
deficiency of reason shall not entail the liability for Qisas.
Whenever in
consequence of an offence, such as a blow to the brain breaking the head or
cutting of hand, a person loses his sense, it shall entail the liability for a
separate Diyat for each, and their Diyats shall not be unified into a single
Diyat.
Whenever a person
loses his sense as a consequence of an offence, and he receives a full Diyat
from the person committing the offence, then subsequently recovers his sense,
the Diyat shall be returned (to the person committing the offence), and its
fine shall be determined by the judge.
The authority for determining
the loss of, or defect in, the sense shall be a reliable expert. In case the
experts have a difference of opinion, then the loss or defect is not
established, and the word of the person committing the offence followed by his
oath shall be given preference to the word of the victim.
Causing the loss
of the entire sense of hearing in both the ears shall entail the liability for
a full Diyat, while that of a single ear half of the full Diyat irrespective or
whether the hearing of one of them is stronger than the other or not.
If a person has
already lost the sense of hearing in one ear and then is hurt in such a way
that he loses the hearing of the sound ear, the person shall entail the liability
of half the Diyat.
Whenever it is
known that the sense of hearing shall not be regained, or an expert certifies
that it shall not be regained, its Diyat shall be established. If, however, an
expert hopes that the hearing shall be regained, but after a period of time, it
is not regained, its Diyat shall be established. If the hearing is regained
before the payment of the Diyat, the liability for the payment of an arsh
(only) shall be established. If it is regained after the payment of the Diyat,
the Diyat shall not be returned. If the victim of the offence dies before the
receipt of the Diyat, the Diyat shall be duly established.
When cutting both
ears results in the loss of hearing of both ears, it shall entail the liability
for two full Diyats, if cutting one ear causes the loss of entire hearing it
shall entail the liability for one full and one half Diyats. If hearing is lost
as a result of the commission of some other offence, it shall entail the
liability of a Diyat for that offence as well as that for the loss of hearing.
When an expert
certifies that there has been no loss of hearing, but a defect has occurred
obstructing hearing, it shall entail the liability for the Diyat of the loss of
hearing.
Whenever a child
becomes dumb as a result of becoming deaf, the person committing the offence
shall be liable to the Diyat for causing the loss of hearing and a fine to be
determined by the judge for causing the dumbness.
In case of difference
between the victim and the person committing the offence, when the matter is
not settled with the opinion of a reliable expert or a test, the victim shall
receive the Diyat, provided he undergoes the process of Qasamah (i.e., making
the required number of oaths).
Causing loss of
sight in both the eyes entails the liability for a full Diyat, while that of
one eye is half the Diyat.
Explanation. There
is no difference in the application of the law above between an eye having a
sharp sight or a squinting one, or the like.
When as result of
pulling out the eye-socket a person loses sight, its Diyat shall not be more
than what is required for pulling out the eye-socket. But if as a result of the
commission of another offence, such as breaking the head, the loss of sight is
caused, it shall entail the liability for the Diyat of the said offence as well
for the loss of sight.
In case of
difference between the person committing the offence and the victim, on the
testimony of two male experts of reputed integrity or one male and two female
experts of reputed integrity to the effect that the sight shall be regained,
but when they fail to specify the period for its recovery, the Diyat shall be
established. Likewise, if they specify a period for the recovery of the sight,
and that period expires, but the sight is not regained, the Diyat shall be
established.
When the victim
dies before the end of the period, its Diyat shall be duly established. So also
if another person pulls out the eye-socket, the Diyat for the loss of sight
shall be established against the person committing the earlier offence.
When sight is
recovered, and then another person pulls out that eye, the person committing
the earlier offence shall be liable only for arsh.
When a victim
claims that the sight of both eyes has been lost or that of one of his eyes has
become weak, after a test and comparison with the sight of other persons of his
age or after comparison with the sight of another eye, the difference shall be
paid to him.
When a victim
claims that his sight has been lost and no evidence of the experts is
available, the judge shall ask him to undergo the process of Qasamah, and shall
(illegible) the judgment in his favor.
Explanation.
Qasamah, (or the required number of oaths) in this case shall be six oaths,
whether the plaintiff along with another five persons witness takes an oath, or
the plaintiff alone takes the oaths.
Causing the loss
of the sense of smell of both the passages of the nose shall entail the
liability for a full Diyat, while that of a single passage half a Diyat. Before
the award of the judgment, the judge shall ask both the parties to reach
conciliation.
When in case of
difference between the person committing the offence and the victim the loss of
the sense of smell or its reduction is not proved by resorting to a (illegible)
or referring the matter to two experts of reputed integrity, the judgment shall
be given in favor of the plaintiff after undergoing the process of Qasamah (in
accordance with the provision contained in the Explanation Section 167).
When the sense of
smell is regained before the payment of the Diyat, only a fine to be determined
by the judge shall be paid. If the victim dies before the end of the waiting
period for the recovery of the sense of smell, its Diyat shall be established.
When as a result
of cutting the nose, a person loses the sense of smell, it shall entail the
liability for two Diyats. Likewise, when as a result of the commission of
another offence a person loses the sense of smell, the Diyat for the offence
shall be added to that of causing the loss of the sense of smell. If the Diyat
for the offence is not specified, a fine to be determined by the judge shall be
added to the Diyat for causing the loss of sense of smell.
The fine for causing
the loss of the sense of taste shall be determined by the judge.
When as a result
of cutting the tongue a person loses the sense of taste, there shall be no
liability for more than the Diyat for cutting off the tongue. If, however, the
sense of taste is lost as a result of the commission of some other offence, the
Diyat for that offence shall be added to the fine for causing the loss of the
sense of taste.
In case the sense
of taste is regained, the Diyat shall be returned to the person who committed
the offence.
In case of a
difference of opinion between the person committing the offence and the victim
regarding the loss of the sense of taste or a deficiency in it is not settled
by resorting to a test or referring the matter to two experts of reputed
integrity, a judgment shall be given in favor of the person with whom the
offence has been committed after he has undergone the process of Qasamah.
Causing loss of
sound entirely so that the person is unable to make it clearly shall entail the
liability for a full Diyat, even though he is able to make a feeble and slow
sound.
Causing the of the
power of speech so the victim is unable to speak at all shall entail the
liability for a full Diyat.
The fine for an
offense causing the victim to be unable to make a sound clearly shall be
determined by the judge.
The fine for an
offence causing the loss of sound specifically the pronunciation of some of the
alphabet should be determined keeping in (illegible) the process of bringing
about conciliation between the parties.
The Diyat for an offence
causing diabetes and incontinence of urine will be determined in the following
manner:
A- In case of its
continuance every day and until the end of every day, there shall be a full
Diyat.
B- In case of its
continuance daily until half of the day, there shall be half of the Diyat.
C- In case of its
continuance every day and until the dawn of the day there shall be (eligible)
Explanation.
Whenever the diabetes or incontinence of urine continued for a few days and
subsequently it was cured, its fine shall be determined by the judge.
In case of an
offence causing the loss or deficiency in some of the gifts of nature, such as
sleep or sense of touch, or the appearance of disease, and its Diyat has not
already been specified, then its fine shall be determined by the judge.
The fine for the
commission of the following offences shall be determined by the judge:
A- An offence
causing the loss of seminal discharge.
B- An act causing
loss of power of procreation and conception.
C- An act causing
the loss of enjoyment of sexual intercourse.
An offence causing
loss of the ability to perform sexual intercourse shall entail the liability
for a full Diyat.
The Diyat for
injury to the head and the face shall be as follows:
1. For a Harisah,
or a scratch on the skin without any flow of blood: one camel.
2. For a Damiyaah,
or a scratch which penetrates into the skin and enters the flesh and results in
the flow of blood, in a small or large quantity: two camels.
3. For a
Mutalahimah, or an injury affecting a large quantity of...?
(No pages 107, 108
and 109)
An offence causing
a change in the color of the skin of the head shall be punishable with a fine to
be determined by the judge. If it causes inflammation and change in the color,
its fine shall be added to the Diyat already mentioned (in the preceding
section).
The Diyat for an
offence resulting in a part of the body having a specified Diyat is paralyzed
shall be two-third of the Diyat for that part. The Diyat for cutting a
paralyzed part of the body shall be one-third of the Diyat for that part of the
body.
When a victim has
no guardian (wali), the Attorney-General shall act in the capacity of a
guardian, and shall be charged with the duty of demanding the vindication of
his right without pardoning (the offender).
The Diyat for
causing a miscarriage shall be as follows:
1. The Diyat for
the sperm which has settled in the womb: twenty Dinars.
2. The Diyat for a
clot ('alaqah) which has formed into blood: forty Dinars.
3. The Diyat for a
shapeless lump (or tissue, mudghah) which has formed into flesh: sixty Dinars.
4. The Diyat for a
fetus whose form of flesh and bones has been complete, but has no soul (or
life): one hundred Dinars
5. The Diyat for a
fetus whose form of flesh and bones has been complete, but has no soul (or
life): one hundred Dinars.
Explanation. In
the above stages, there is no difference (in the application of the law)
between a male or female.
6. For a fetus in
whom soul is produced (or who is animate), in case it is a male its Diyat shall
be full, and if it is a female its Diyat shall be half of a full Diyat.
Whenever a
miscarriage takes place as a consequence of killing the mother, the Diyat for
the fetus, in whatever stage it may be, shall be added to the Diyat for
(killing) the mother.
When a woman
causes miscarriage of the fetus by herself, she shall be liable to pay its
Diyat, in whatever stage the fetus may be, and she shall not be entitled to
have any share in the Diyat.
When there are
several fetuses in a single womb, a separate Diyat shall be payable for each of
them.
The Diyat for
causing the loss of limbs of a fetus, or injuries to them shall be in
proportion to the Diyat of the fetus in whatever stage it may be.
The liability for
the payment of the Diyat for miscarriage in case of intentional act or semblance
of intentional act shall be on the offender, while in case of a manifest
misadventure on his 'Aqilah (or close relatives), whether the fetus is animate
or inanimate.
There shall be no
expiation (kaffarah :) for a miscarriage prior to the period the fetus becomes
animate. There shall, however, be expiation as well as a full Diyat subsequent
to its becoming animate.
A - For cutting
the head: one hundred Dinars
- For cutting
either both hands or both feet: one hundred Dinars; for cutting one hand or one
foot: fifty Dinars; for cutting one finger or one toe: ten Dinars; while
cutting or making any other limb defective shall have the liability in the same
proportion.
Explanation 1.
There shall be no difference in the application of the above law whether the
victim is a woman or a man, a minor or an adult.
Explanation 2. The
Diyat mentioned in this section shall not be considered a property to be
inherited by the heir (of the deceased), but shall be a personal property
belonging to the deceased, out of which his/her debts shall be paid and it
shall be expended on other charitable purposes.
Whenever a person
without the permission of its master slaughters an animal whose meat is halal
(or lawful for eating) and which is usually used as a food, in the manner
provided by the Shari'ah (for slaughtering an animal), he shall be liable for
the payment of the difference (in the cost) of a living and slaughtered animal,
or the current price for the loss of the animal.
Explanation 1. The
parts of the slaughtered animal which can be used, such as the wool, hair or
coarse wool shall belong to the master of the animal and their value shall be
deducted from the cost of the animal.
Explanation 2. The
master of the animal shall have no right to return the slaughtered animal and
positively demand another similar animal or its price.
Explanation 3.
Whenever the slaughtered animal becomes entirely useless, it shall be treated
as a dead animal.
Cutting or
breaking any part of the body of an animal, should it remains alive, shall
incur the liability for the payment of the difference between (the cost of) a
sound and a defective animal: and should the animal die, it shall entail the
liability for the payment of its price.
When an animal
whose meat is forbidden to eat but which is allowed to be used otherwise by
slaughtering according to the Shari'ah, is slaughtered according to the
Shari'ah, the difference between the prices (of a living and a slaughtered
animal) shall be paid (to its master), and the parts of its body which can be
used shall belong to its master and their value shall be deducted from its
price.
Slaughtering an
animal, in the manner provided by Shari'ah, whose meat is lawful for eating but
which is not usually eaten, such as a horse, shall be treated as killing it,
and shall entail the liability for the payment of its full price.
The loss of things
(or killing animals)* which cannot lawfully be owned by a Muslim, such as a pig
or wine, shall not incur any (financial) liability.
*Understood. though not given in the
original Persian text. (Translator)
The
Diyat for Dogs
The Diyat for
(killing) a dog shall be as follows:
1. A hunting dog,
trained or untrained: forty Dirhams.
2. A sheep-dog:
twenty Dirhams.
3. A watch-dog for
guarding a house or a garden: twenty Dirhams.
4. A farm-dog (a
dog for guarding the farms) : the produce of a hectare of land, such as wheat.
Explanation 1. Any
dog other than the one mentioned above shall not lawfully be owned by a Muslim,
and killing it shall not incur any (financial) liability.
Explanation 2. The
amount for killing a dog shall not in any case exceed what has been provided as
its Diyat (in the above section) and nothing (extra) shall be charged as the
price of the dog.
Whenever a dog is
usurped, and is killed, but not by the usurper, the usurper shall
(nevertheless) be liable for the payment of its price and not its Diyat.
Whenever a defect or injury is caused to the dog, the usurper shall be liable
for the payment of its arsh.
An offence against
a dog whose Diyat (for killing) is provided (by the law) shall entail the
liability for the payment of an arsh, and it shall be paid in the same
proportion to the Diyat.
*Understood,
though not given in the original Persian text. (Translator)
In all the cases
where an arsh has been provided in this law or the fixation of the damages has
been left to the discretion of a judge, the judge shall fix the amount of Diyat
or damages after due consideration of the amount of the full Diyat of a person
(or animal)*, the type and circumstances of the offence and the total amount of
damage caused.
All the laws which
are repugnant to this Act (or Code) shall cease to be effective.
*Understood, though not given in the
original Persian text. (Translator)
Adil : A person of
reputed integrity
'Alaqah : A clot
which has formed into blood. (S. 194, IPC, Chapter 8).
Al-aqarah fa
al-aqrab : Closer (relative) to be preferred to the remoter.
Amr bi'al-ma'ruf :
Directing others to do what is good. (S.31, IPC. Chapter 8)
'Aquilah : Close
relatives on the father's of father's and mother's side, such as the father,
paternal grandfather, paternal uncle or his sons. (S. 12, IPC, Diyat Section).
Arsh : A fine to
be determined by the judge where no Diyat is specified by Shari'ah.
Asnad-i-Khizaneh :
Treasury bonds or documents.
Asnad-i-ta'ahhudawar
: Documents duly guaranteed by a Bank.
Atfal-i-bizihkar :
Juvenile offenders.
Az bayn
bordan-i-bakarat-i-dokhtar: deflower a girl.
Bara'at : (Bond
of) impunity.
Barg-e-scjell-e-kayfari
: A criminal record (document).
Bayt al-mal :
State Treasury, State Exchequer.
Baytar
(Dampezeshk) : Veterinary physician or surgeon, veterinarian.
Bazpursi :
Investigation, Inspection.
Dabt-i-amwal :
Seizure of property.
Dadnameh-yi-qat'iyy-i-mahkumiyat
: A final order of conviction issued a court of law.
Dadsitan : Public
Prosecutor.
D.
-i-kull-i-kishwar : Attorney-General.
Dahik :
Fore-teeth, teeth which become visible at the time of laughing.
Daman-i-mali :
Financial liability, monetary compensation.
Damighah : Injury
which breaks the pouch like thin skin containing the brain. (S. 180, IPC, Diyat
Section).
Damiyah : A
scratch which penetrates into the skin and enters the flesh and results in the
flow of blood, in a small or large quantity. (S. 186, IPC, Diyat Section)
Dasiseh :
Conspiracy, intrigue.
Dhimmi : A
non-Muslim subject of a Muslim state.
Dirs (pl. Adras) :
molar tooth.
Diwan-i-aliy-i-kishwar
: Supreme Court (of Iran).
Diyat (pl. Diyat)
: Monetary compensation prescribed by the Shri'ah for an offence. (S. 10, IPC,
Chapter 2) Money paid to a person against whom an offence is committed due to
an offence against the life of body. (S.l, IPC, Diyat Section).
Fardan :
Individually, alone.
Farib : Deceit,
deception.
Gardan zadan :
Beheading.
Gharamat :Fine.
Ghayr-i-muhsan : A
man who is not a Muhsan (q.v.)
Ghayr-i-muhsanah :
A woman who is not a muhsamah (q.v.)
Habs-i-abad :
Imprisonment for life.
Hadd (pl. Huddod)
: Punishment whose nature and amount has been prescribed by the Shari'ah (S.8,
IPC, Chapter 2)
H-i-jald :: The
Hadd of flogging.
Hakim-i-Shar' :
Shari'at judge.
Hamasar-i-da'imi :
A permanent spouse (husband or wife). Haqq Allah (pl. Huquq) : Duties of a Man
towards Allah.
Haqq al-nas (pl.
Huquq) : Duties of a man towards human beings.
Harsiah: A scratch
on the skin without any flow of blood. (S.186, IPC, Diyat Section).
Hatk-i-hirz :
Break into the guarded place (hirz.,q.v.).
Hazil : One doing
something by way of a joke..
Hirz : A place
where property is kept in order that it may be away from the sight of others
and safe from being taken away. (S. 213, X , Explanation, IPC, Hudood and Qisas
Act).
Hiss-i-bina'i :
Sight.
H-buya'I : Sense
of smelling.
H-chesha'I : Sense
of taste.
H-i-shenova'i :
Sense of hearing.
Hullahay-i-Yemen :
Garments made of Yemenese cloth.
Iddah : The
post-divorce period during which the woman is not legally allowed to marry
another husband.
Ihsan : The state
of being a muhsan or muhsanah (q.v.).
Ihtmal-i-'aqa'I :
Rational or logical likelihood or probability.
Ijbar :
Compulsion.
Ikhtilas :
Embezzlement.
Ikrah - Coercion.
Itghay.i-mujazat :
Annulment of sentence of punishment.
Iqdamat-i-taba'I :
secondary measures.
I.-i-takmili :
Supplementary measures.
I-i-ta'maini :
Security m.
I.-i-tarbiyati :
Reformatory.
Irtidad : Apostasy
(from Islam).
Ishtirak dar
Jinayat : Abetment to a crime or offence.
Istihadah :
Excessive flow of menstrual blood.
Ja'ifah : Injury
penetrating into interior of the body (S. 188-A, IPC, Diyat Section).
Ja'l : Forgery
counterfeiting.
Jald : Flogging,
stripes, lashes, whipping.
Jam'an : en masse,
collectively
Jama'at ( =
Gorooh) Gang, group part.
Jani : A criminal,
an offender.
Janin : A fetus,
an embryo.
Jarh : Injury
J.-i-'amd :
willful or intentional injury.
J.-i-khata : An
injury by mistake or misadventure.
J.-i-shibh-i-'amd.
: Semblance of willful or intentional injury.
Khata : Mistake or
misadventure.
K.-i-mahd : Sheer
mistake or misadventure.
Khisarat : Loss.
Lawat(at) :
Sodomy, sexual intercourse (of a male) with a male. (S. 139, IPC, Hudood and
Qisas Act).
Li'an :
Imprecation (subsequent to the disavowal of the parentage of one's child born
to one's wife).
Lowth : Suspicion
(of involvement in an offence).
Maharim-i-nasahi :
Persons within the prohibited degrees (of marriage) due to consanguinity.
Mahdaur al-dam :
One whose blood may be shed with impunity (for being sentenced to death).
Ma'mumah : Injury
which penetrates into the (ammah, or) the pouch-like thin skin containing the
brain (or menix, or dura mater) (S. 186, IPC, Diyat Section).
Man'-i-ta'qeeb :
Staying of prosecution.
Maqdhuf : A person
subjected to Qadhf (q.v.)
Mash : Drawing wet
fingers on the bisection of hair on the forehead and from the fingers of the
feet to the ankles and back of the feet, as a part of ablution (wudu).
Maslub al-ikhtiyar
: A person devoid of authority.
Mas'uliyat-i-kayfari
: Penal liability.
Mawad-i-alkoliy-i-muskir
: An alcoholic intoxicant.
M.-i-mukHaddir(ah)
: Narcotics, drugs.
M.-i-munfajirah :
Explosives.
Mithqal-i-Shar'i =
18 Nokhods : (each nokhod = approximately 1/5 gram). (S. 3, V, IPC, Diyat
Section ).
Mowquf
Shodan-i-ta'qeeb : Suspension of prosecution.
Mu'awin (at) dar
jurm : Accessory to a crime.
Mubarra az
mas'uliyat-i-kayfari: Exempt from penal liability.
Mubasharat :
Committing a crime personally (and not through the agency of another).
Mubashir-i-jurm :
A person committing an offence personally (without the agency of another).
Muddaa'alayh :
Defendant.
Mudda'i :
Plaintiff, claimant.
Mudghah : A
shapeless lump which has formed into flesh. (S. 194, IPC, Diyat Section).
Mudihah : An
injury affecting the whole flesh, penetrating through the thin skin covering
the bone, and making the bone visible. (S. 186, IPC, Diyat Section).
Mufsid fi al ard :
Every individual or group who lays out a plan for the overthrow of the Islamic
regime and for this purpose supplies arms and explosives, and also one who,
with full knowledge and free will, supplies them means, facilities or arms. (S.
199, IPC, Hudood and Qisas Act).
Every one who
offers himself for one of the important posts in the coup d'etat government as
a part of the plan for over-throwing the Islamic regime. (S. 200, ibid).
Muharib : Anyone
who, in order to create alarm, harassment or disturb public freedom and security,
takes up arms (S. 196, ibid).
An armed dacoit or
a highway robber who with the help of arms disturbs the public and highway
security. (S. 197, ibid).
Anyone who has
information regarding the location of the group and in any way contributes to
the Endeavour effectively by advancing the objectives of the organizations
shall be treated as Muharib, although they may not be participating in any of
their regular branches. (S. 198, ibid).
(Also see SS. 199
and 200 under Mufsid... above equally applicable to Muharib as well).
Muhsan : A man
having a permanent wife whom he has sexually enjoyed and whom he may enjoy
sexually any time he wants. (S. 100, IPC, Hudood and Qisas Act).
Muhsanah : A woman
having a permanent husband by whom she has been enjoyed sexually and the woman
always has the opportunity of sexual enjoyment with that husband. (S. 100,
ibid).
Mujazat-i-ashad :
Enhanced (or more rigorous) punishment.
Mujrim-i-hirfi'i :
Professional or confirmed criminal.
Mumayyiz :
discreet.
Munaqqilah : An
injury which cannot be cured except by transplantation of the bone. (S. 186,
IPC, Diyat Section).
Murtad : An
apostate, one who apostasies from Islam..
Musadarah :
Attachment, seizure of property, confiscation of p.
Musahaqah :
Tribadism (lesbian act), a homosexual act between women by (rubbing) their
sexual organs. (S. 157, IPC, Hudood and Qisas Act).
Mutalahimah : An
injury affecting a large quantity of flesh, but not penetrating into the thin
skin covering the bone. (S. 186,IPC, Diyat Section).
Nahy 'an al-munkar
: Preventing others from doing what is wrong. (S. 31, IPC, Chapter 8).
Naqs : Defect,
infirmity.
Neyrang : Magic,
trickery, sorcery.
Nifas : Puerperal
blood.
Nisab : The
quantity, limit or number required by law.
Nokhod :
Approximately equal to 1/5 gram.
Nutfah : The sperm
(which has settled in the womb). (S. 194, IPC, Diyat Section).
Owtiya-i-dam (Pl.
of wali . .) : Heirs to a person killed or murdered; persons entitled to
receive the blood-money or execute Qisas.
Owraq-i-bahadar :
Negotiable instruments.
Owraq-i-qardeh :
Credit documents, documents of loan.
Qadhf : Calumny,
false accusation (of adultery or sodomy), slander.
Qadhif: Slanderer.
Qanun-i-A'in-i-Dadrasiy-i-Kayfari:
The Criminal Procedure Code.
Qasamah : Taking
oath (up to the number required by law).
Qat'al-tariq :
Highway robbery.
Qat'-i-yad :
Amputation of hand.
Qatl : Murder,
homicide.
Q.-i'amd : Willful
murder, intentional murder.
Q.-i-khata :
Homicide by misadventure or mistake.
Q.-i-k.-mahd :
Homicide by sheer misadventure or mistake.
Q.-i-sabab :
Homicide by an intermediate cause.
Q.-i-shibh-i-'amd
: Manslaughter, semblance of willful murder.
Qawwadi :
Panderism, uniting and bringing together two or more persons for Zina or
sodomy. (S. 165, IPC, Hudood and Qisas Act).
Qayyim : Guardian,
administrator.
Qisas :
Retaliation, the punishment to which an offender is sentenced, and which is
equivalent to his offence. (S. 9, IPC, Chapter 2).
Rais-i-Diwan-i-Ali(y-i-kishwar)
: chief Justice of the Supreme Court.
Rajm : Stoning (a
Zani or Zaniyah) to death
Reezesh-i-idrar :
Incontinence of urine.
Ri'ayat-i-ghibath
: Observance or regard of the interest.
R.g.-i-saghir va
majnun : observance or the interest of a minor or a lunatic.
Ru'b : alarm,
fright.
Sabab : An
intermediate cause.
Sag-i-galleh :
Sheep-dog.
S.-i-mazara'ah :
Farm-dog, a dog for guarding the farms.
S.-i-nigehban-i-manzil
va bagh : Watch-dog, a dog for guarding a house or garden.
S.-i-shikari :
Hunting-dog.
Sahi : One
laboring under some error or mistake.
Salas-i-bowl :
Diabetes.
Serghat = Sirqat
(=Sariqah) : Theft.
Shaki :
Complainant.
Shareek-i-jurm :
An abettor to a crime.
Silah-i-garm :
Fire-arms.
S-i-sard : Arms
other than fire-arms.
Simhaq : An injury
affecting the whole flesh and penetrating into the thin skin covering the bone.
(S. 186, IPC, Diyat Section).
Siqt-i-janin :
Miscarriage, abortion.
Shuray-i-'Aliy-i-Qada'i
: The Supreme Judicial Council.
Shuray-i-Nigehban
: Council of Guardians (of the Constitution).
Ta'addud-i-jurm :
Plurality of Offences.
Tab'eed : Transportation,
exile, banishment.
Ta'deeb:
Correctional punishment, chastisement.
Tafkheez :
Masturbation through rubbing the male organ between the thighs or another. (S.
152, IPC, Huddod and Qisas Act).
Tahdeed :
Threatening; threat.
Tajawuz : Trespass,
transgression.
Takhfeef-i-mujazat
: Remission in the sentence of punishment.
Takrar-i-jurm :
Committing an offence again.
Ta'leeq-i-mujazat
: Abeyance or suspension of execution of a sentence.
Tanbeeh-i-badani :
Corporal chastisement or punishment.
Taqada-i-i'ada-i-dadrasi
: Application for reopening or retrial (of a case).
Ta'zeer :
Chastisement or punishment whose nature and amount has not been prescribed by
the Shari'ah, and it has been left to the discretion of the judge. (S. 11, IPC,
Chapter 2).
Tasbeeb : An
intermediate cause,
Tashheer : Public
disclosure, public proclamation of the convict on a donkey's back; public
identification.
Ta'zeer bi al-qatl
: Death penalty.
Tifl : One who has
not attained to the legal age of puberty. (LS. 26, Ex. 1, IPC, Chapter 8).
Towbah : Repentance.
Towbeekh :
Reprimand.
'Udhr-i-muwajjah :
A due excuse.
'Udw : (pl. a'da')
: A limb, a part of human body.
'U-i-zayid : A
surplus or extra limb or part of the body.
'Uqoobat (pl:
'Uqoobat): Punishment:
Waliyy-i-dam :
Heir to the person killed or murdered, a person entitled to receive the blood
money or execute Qisas.
Waliyy-i-tift :
Guardian of a child.
Warith-i-qanuni :
A legal heir.
Zabt-i-amwal :
(See under Dabi-i-Amwal).
Zahik : (See under
Dahik).
Saman-i-mali : (See
under Daman-i-mali).
Zan qahbeh : (An
abuse), one whose wife is a whore.
Zimmi : (See under
Dhimmit).
Zina : Unlawful
sexual act.
Z.-i-muhsan va
muhsanah-Adultery.Zinay-i-ghayr-i-muhsan va muhsanah : Fornication.
Z. ba
maharim-i-nasabi : A Zina with close relatives within the prohibited degrees of
marriage due to consanguinity, incest. (S. 99.A, IPC, Hudood and Qisas Act).
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