Syariah Penal Code · 2024 Revised Edition · Chapter II · Qatl and Causing Hurt
152. Qatl by black magic
Official textFrom Attorney General's Chambers, unchanged
Any person who commits qatl by black magic which in the ordinary course of nature may cause death and it is proved by ikrar of the accused is guilty of committing the offence of qatlul-’amd and liable on conviction to death punishment as qisas.
ikrar
“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
Illustration
If the offender states in his ikrar that he has used black magic on B and his black magic, in the ordinary course of nature, causes death, he has committed the offence of qatlul-’amd.
Any person who commits qatlul-’amd by black magic —
which is proved by evidence other than that provided under subsection (1);
where the person is not mukallaf; or
against his own child, is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.
Syariah Penal Code 80
Any person who commits qatl by black magic which —
sometimes or rarely causes death;
intended to cause the death of a particular person but caused the death of another person, whose death he does not intend to cause, and it is proved by ikrar of the accused is guilty of committing qatlu syibhil-’amd and liable on conviction to be punished with payment of diyat to the wali ad-dam of the victims and with imprisonment for a term not exceeding 15 years.
Illustrations
If the offender states in his ikrar that he has used black magic on someone and his black magic sometimes causes death and sometimes not, or his black magic rarely causes death, he has committed the offence of qatlu syibhil-’amd.
If the offender states in his ikrar that he uses black magic on a particular person, but affected some other person and that person died, he has committed the offence of qatlul syibhil-’amd.
Any person who commits qatlu syibhil-’amd by black magic and it is proved by evidence other than that provided under subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.
Terms defined in s 2
ikrar
Defined · s 2“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
mukallaf
Defined · s 2“mukallaf” means a person who has attained the age of 15 years qamariah and of sound mind;
Chapter III
Withdrawal of Syahadah
Chapter IV
General Offences
Part