Syariah Penal Code · 2024 Revised Edition · Chapter II · Qatl and Causing Hurt
169. Punishment of causing hurt
Official textFrom Attorney General's Chambers, unchanged
Any person who causes hurt to a person and it is proved in such manner as provided under section 170 is guilty of an offence and liable on conviction to qisas punishment.
Any person who —
causes hurt and it is proved by evidence other than that provided under section 170;
is not mukallaf who causes hurt;
is a mother or father who causes hurt to his own child; or
causes hurt where the part of the body for which qisas is to be imposed is not functional or otherwise incapacitated, is guilty of an offence and liable on conviction to —
payment of arsy muqaddar, and imprisonment for a term, as prescribed in Schedule 2 for committing itlaf-al-udhw or itlaf-salahiyyat-al-udhw;
payment of arsy, and imprisonment for a term, as prescribed in Schedule 3 for committing syajjah;
payment of arsy muqaddar, and imprisonment for a term, as prescribed in Schedule 4 for committing jurh jaefah;
payment of arsy ghairu muqaddar, and imprisonment for a term, as specified by the Court as prescribed in
Schedule 4 for committing jurh ghairu jaefah; or
payment of arsy ghairu muqaddar, and imprisonment for a term, as specified by the Court for committing hurt other than those provided under section 168(a),
, (c) and (d).
The Court may, in addition to the punishments mentioned in subsection (2)(a), (b) and (c), having regard to the facts and circumstances of the case, order the offender to pay compensation in the amount as the Court thinks fit having regard to the following —
Court
“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
Syariah Penal Code
the expenses incurred for the treatment of the victim;
loss or disability affecting the function or power of any part of the body;
the anguish suffered by the victim; and
any other matter as it thinks fit.
Terms defined in s 2
Court
Defined · s 2“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
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