Syariah Penal Code · 2024 Revised Edition · Part · Abetment
38. Abettor
Official textFrom Attorney General's Chambers, unchanged
A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence, with the same intention or knowledge as that of the abettor.
Explanation 1 — The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
Explanation 2 — To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Illustrations
A instigates B to commit qatl against C. B refuses to do so. A is guilty of abetting B to commit qatl.
D instigates E to commit qatl against F. E in pursuance of the instigation stabs F. F recovers from the wound. D is guilty of instigating E to commit qatl.
Syariah Penal Code
Explanation 3 — It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustrations
A, with a guilty intention, abets a person who is not baligh or a person of unsound mind to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here, A, whether the act be committed or not, is guilty of abetting an offence.
baligh
“baligh” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
B, with the intention to commit qatl against C, instigates D, a person who is not baligh, to do an act which causes C’s death. D, in consequence of the abetment, does the act and thereby causes C’s death. Here, though D was not capable by law of committing an offence, B, is liable to be punished in the same manner as if D had been capable by law of committing an offence and had committed the offence of qatl, and B is therefore subject to the punishment of abetment of qatl.
E, with the intention to offering an intoxicating drink to F, instigates G, a person who is of unsound mind, to offer an intoxicating drink to F. In consequence of the abetment,
G does the act in the absence of E and thereby offers an intoxicating drink to F. Here, though
G was not capable by law of committing an offence, E is liable to be punished in the same manner as if G had been capable by law of committing an offence and had committed the offence of offering an intoxicating drink and E is therefore subject to the punishment of offering intoxicating drink.
A, intending to cause sariqah to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A.
property
“property” includes all estates, interests, easements and rights, whether equitable or legal, in, to or out of, property and things in action;
B takes the property out of Z’s possession, in good faith, believing it to be A’s property.
B, acting under this misconception, does not take dishonestly, and therefore does not commit sariqah. But A is guilty of abetting sariqah, and is liable to punishment of abetting sariqah.
Explanation 4 — The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Illustration
A instigates B to instigate C to commit qatl against D. B accordingly instigates C to commit qatl against D and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for qatl; and, as A instigate B to commit the offence, A is also liable to the punishment of abetment of qatl.
Explanation 5 — It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Syariah Penal Code 36
Illustration
A concerts with B a plan to commit qatl by using poison on Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison. Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has died. C has therefore committed the offence defined in this section, and is liable to the punishment for abetment of qatl by using poison.
Terms defined in s 2
baligh
Defined · s 2“baligh” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
property
Defined · s 2“property” includes all estates, interests, easements and rights, whether equitable or legal, in, to or out of, property and things in action;
Chapter IV
Chapter IV (General Offences) of Part 4 by the public generally, or by any number or group of persons exceeding ten, is guilty of an offence and liable
Part
Offences
Chapter I
Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad
Chapter II
Qatl and Causing Hurt
Chapter III
Withdrawal of Syahadah
Chapter IV
General Offences
Part