Syariah Penal Code · s 125

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125.
Qatlul-’amd
For the purposes of this Code, “qatlul-’amd” means any of the following acts —
(a) the act which causes death is committed with the intention of causing death;
(b) the act is committed with the intention of causing bodily harm which he knows may cause death to the injured person; or
(c) the act is committed with the intention of causing bodily harm to a person and the bodily harm meant to be inflicted in the ordinary course of nature is sufficient to cause death.
Illustrations
(a)
A shoots B with the intention of killing him. B dies in consequence of the shooting.
A commits the offence of qatlul-’amd.
(b)
A knowing that B is suffering from a disease that a blow is likely to cause his death,
A strikes him with the intention of causing bodily harm. B dies in consequence of the blow.
A is guilty of qatlul-’amd although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that B is suffering from any disease, gives him such a blow as in the ordinary

Syariah Penal Code 70
course of nature would not kill a person in a sound state of health, here A, although he may intend to cause bodily harm, is not guilty of qatlul-’amd, if he did not intend to cause death, or such bodily harm as in the ordinary course of nature would cause death.
(c)
A intentionally wounded B with a sword or an object which in the ordinary course of nature is sufficient to cause the death of a person. B dies in consequence. Here A has committed the offence of qatlul-’amd, although he may not have intended to cause B’s death.

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s 125Qatlul-’amd

For the purposes of this Code, “qatlul-’amd” means any of the following acts —

(a)

the act which causes death is committed with the intention of causing death;

(b)

the act is committed with the intention of causing bodily harm which he knows may cause death to the injured person; or

(c)

the act is committed with the intention of causing bodily harm to a person and the bodily harm meant to be inflicted in the ordinary course of nature is sufficient to cause death.

Illustrations

(a)

A shoots B with the intention of killing him. B dies in consequence of the shooting.

A commits the offence of qatlul-’amd.

(b)

A knowing that B is suffering from a disease that a blow is likely to cause his death,

A strikes him with the intention of causing bodily harm. B dies in consequence of the blow.

A is guilty of qatlul-’amd although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that B is suffering from any disease, gives him such a blow as in the ordinary

Syariah Penal Code 70

course of nature would not kill a person in a sound state of health, here A, although he may intend to cause bodily harm, is not guilty of qatlul-’amd, if he did not intend to cause death, or such bodily harm as in the ordinary course of nature would cause death.

(c)

A intentionally wounded B with a sword or an object which in the ordinary course of nature is sufficient to cause the death of a person. B dies in consequence. Here A has committed the offence of qatlul-’amd, although he may not have intended to cause B’s death.