Syariah Penal Code · s 173

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173.
Pardon in respect of hurt
(1) In the case of hurt, a victim who is mukallaf may, before execution of the punishment, pardon qisas on the offender whether with or without arsy.
(2) If the victim is not mukallaf, his wali may pardon qisas of the offender with arsy.
(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali,
His Majesty the Sultan and Yang Di-Pertuan may pardon qisas of the offender with arsy.
(4) If there are more than one victim, the pardon of qisas by one of the victims or his wali shall not affect the right of qisas of the other victims or his wali.
Illustration
A caused hurt to B and C and A has been convicted of the offence and liable to qisas punishment. B or his wali has pardoned A but C or his wali does not. A shall remain liable to qisas punishment because C or his wali does not pardon him although B or his wali does.
(5) If there are more than one offender, the pardon of qisas on any one offender shall not affect the right of qisas on the other offender.
Illustration
A and B caused hurt to C and A and B have been convicted of the offence and liable to qisas punishment. C or his wali has pardoned A but does not pardon B. A shall not be liable to qisas punishment but B shall remain liable to qisas punishment because C or his wali has not pardoned him.
(6) Any pardon in respect of hurt shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.
(7) If the victim or his wali has pardoned qisas on the offender and has been confirmed by the Court, the pardon shall not be withdrawn.
(8) Arsy muqaddar or arsy ghairu muqaddar shall be paid immediately by the offender to the victim or his wali by cash, and in certain circumstances the Court may order the payment to be made in instalments for a period of not exceeding 3 years provided that there is a guarantee of payment acceptable by the victim or his wali.

Syariah Penal Code

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s 173Pardon in respect of hurt

(1)

In the case of hurt, a victim who is mukallaf may, before execution of the punishment, pardon qisas on the offender whether with or without arsy.

(2)

If the victim is not mukallaf, his wali may pardon qisas of the offender with arsy.

(3)

If His Majesty the Sultan and Yang Di-Pertuan becomes wali,

His Majesty the Sultan and Yang Di-Pertuan may pardon qisas of the offender with arsy.

(4)

If there are more than one victim, the pardon of qisas by one of the victims or his wali shall not affect the right of qisas of the other victims or his wali.

Illustration

A caused hurt to B and C and A has been convicted of the offence and liable to qisas punishment. B or his wali has pardoned A but C or his wali does not. A shall remain liable to qisas punishment because C or his wali does not pardon him although B or his wali does.

(5)

If there are more than one offender, the pardon of qisas on any one offender shall not affect the right of qisas on the other offender.

Illustration

A and B caused hurt to C and A and B have been convicted of the offence and liable to qisas punishment. C or his wali has pardoned A but does not pardon B. A shall not be liable to qisas punishment but B shall remain liable to qisas punishment because C or his wali has not pardoned him.

(6)

Any pardon in respect of hurt shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(7)

If the victim or his wali has pardoned qisas on the offender and has been confirmed by the Court, the pardon shall not be withdrawn.

(8)

Arsy muqaddar or arsy ghairu muqaddar shall be paid immediately by the offender to the victim or his wali by cash, and in certain circumstances the Court may order the payment to be made in instalments for a period of not exceeding 3 years provided that there is a guarantee of payment acceptable by the victim or his wali.

Syariah Penal Code