Syariah Penal Code · 2024 Revised Edition · Chapter I · Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad
63. Punishment for hirabah
Official textFrom Attorney General's Chambers, unchanged
Any person who commits hirabah and it is proved either by ikrar of an accused or by syahadah of at least two syahid in accordance with
ikrar
“ikrar” has the same meaning assigned to it under section 20 of the Syariah Courts Evidence Order, 2001;
Hukum Syara’, other than the victim’s evidence, after the Court is satisfied having regard to the requirements of tazkiyah al syuhud is guilty of an offence and liable on conviction to hadd punishment as follows —
Court
“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
death, if during the commission of hirabah, qatl has been committed, with or without taking property, whether or not the value of the property amounts to or less than nisab;
(i)
amputation of the right hand from the wrist and of the left foot from the ankle, if during the commission of
Syariah Penal Code hirabah, the value of property taken amounts to or exceeds nisab;
when the offence of hirabah has been committed jointly by more than one person, the punishment for the amputation of hand and foot shall be imposed only if the value of the share of each one of them amounts to or exceeds nisab;
qisas or arsy in accordance with the nature of the hurt as specified in Schedules 2, 3 and 4 or as determined by the Court.
Any person who commits hirabah —
which is proved by evidence other than that provided under subsection (1); or
in any circumstances provided under section 64, is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 30 years and to whipping not exceeding 40 strokes.
Terms defined in s 2
Court
Defined · s 2“Court” means the Syariah Courts established under section 6(1) of the Syariah Courts Act;
ikrar
Defined · s 2“ikrar” has the same meaning assigned to it under section 20 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;
syahadah
Defined · s 2“syahadah” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
syahid
Defined · s 2“syahid” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
tazkiyah al syuhud
Defined · s 2“tazkiyah al syuhud” has the same meaning assigned to it under section 3(1) of the Syariah Courts Evidence Order, 2001;
Chapter II
Qatl and Causing Hurt
Chapter III
Withdrawal of Syahadah
Chapter IV
General Offences
Part