Syariah Penal Code · s 158

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

158.
Qatl by miscarriage of foetus
(1) Any person who commits qatl on a foetus by intentionally causing its miscarriage is guilty of an offence and liable on conviction for each foetus to be punished with the following —

Syariah Penal Code
(a) when as a result of the miscarriage, the foetus dies, the person who causes the woman to have a miscarriage shall be punished with one twentieth of a diyat as provided in this Code;
(b) when as a result of the miscarriage, the foetus lives and later dies, the person who causes the woman to have a miscarriage shall be punished with diyat as provided in this Code;
(c) when the pregnant woman herself causes the miscarriage and the foetus is in a condition as mentioned in paragraph (a) or (b), she shall be punished as provided in paragraph (a) or (b), as the case may be, and the Court shall impose a sentence of imprisonment for a term not exceeding 15 years.
(2) The heirs of the foetus shall be entitled to diyat under subsection (1), unless the offender is the heir of the foetus.
(3) For the purposes of this section and sections 159, 161 and 164,
“foetus” means a child in the womb of its mother, part of whose organ have been formed and is alive.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 158Qatl by miscarriage of foetus

(1)

Any person who commits qatl on a foetus by intentionally causing its miscarriage is guilty of an offence and liable on conviction for each foetus to be punished with the following —

Syariah Penal Code

(a)

when as a result of the miscarriage, the foetus dies, the person who causes the woman to have a miscarriage shall be punished with one twentieth of a diyat as provided in this Code;

(b)

when as a result of the miscarriage, the foetus lives and later dies, the person who causes the woman to have a miscarriage shall be punished with diyat as provided in this Code;

(c)

when the pregnant woman herself causes the miscarriage and the foetus is in a condition as mentioned in paragraph (a) or (b), she shall be punished as provided in paragraph (a) or (b), as the case may be, and the Court shall impose a sentence of imprisonment for a term not exceeding 15 years.

(2)

The heirs of the foetus shall be entitled to diyat under subsection (1), unless the offender is the heir of the foetus.

(3)

For the purposes of this section and sections 159, 161 and 164,

“foetus” means a child in the womb of its mother, part of whose organ have been formed and is alive.