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In force2024 Revised Edition
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Chapter II · Qatl and Causing Hurt

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.

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Chapter III

Withdrawal of Syahadah

Chapter IV

General Offences

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