Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter XI
168. Presence of wali-ad-dam of victim who is gltaib during execution of sentence
Official textFrom Attorney General's Chambers, unchanged
Where the wali-ad-dam of the victim is ghaib but his residence is known and the Syariah Court believes that an order to appear may be served on him, the Syariah Court shall in such manner as it thinks reasonable -
wali-ad-dam
"wali-ad-dam" has the same meaning assigned to it under the Syariah Penal Code Order, 20 13 (S 69/20 13);
send a letter to the wali-ad-dam of the victim requiring his presence before the Syariah Court within a period of 180 days of the letter normally sent to the address, to give him an opportunity to give an opinion on the death sentence, to pardon qisas with or without
Syuriah Courts 106 CAP.
Criminal Procedure Code diyat or compound qisas with badal-a1-sulh. He may inform the
Syariah Court either personally or by any other means acceptable to the Syariah Court;
the Syariah Court shall, in the letter, as far as reasonably possible in its opinion state the offence committed and its sentence and the condition of the offender.
Where the ~c~uli-ad-dam of the victim is ghuib and his residence is unknown and the Syariah Court is of the opinion that it is not possible for an order to appear to be served on him. the Syariah Court shall issue a notice as required by section 167(2), with such modifications as it thinks appropriate.
Where the a~ali-ad-dam of the victim who is ghaib is present before the sentence is executed, he may state his right of qisas according to
Hukum Syara '.
If the wali-ad-dam of the victim who is ghaib fails to attend on the date, time and place of the execution of sentence after having been informed of such date, time and place by the Syariah Court, the Chief Syar'ie
Judge may postpone the execution of death sentence to such date as he thinks fit.
Judge
"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
Pardon in qntlul- 'nmd
Terms defined in s 2
Chief Syar'ie Judge
Defined · s 2"Chief Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act; Syariah Courts 26 Criminal Procedure Code "Chief Syar'ie Prosecutor'' has the same meaning assigned to it under the Syariah Courts Act; e
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
wali-ad-dam
Defined · s 2"wali-ad-dam" has the same meaning assigned to it under the Syariah Penal Code Order, 20 13 (S 69/20 13);
Chapter XII
Chapter XIII
Part
Appeal and Revision
Chapter 11
Part
Special Proceedings
Chapter IX
Part