Section 168
Presence of wali-ad-dam of victim who is gltaib during execution of sentence
of Syariah Courts Criminal Procedure Code
(1)
Where the wali-ad-dam of the victim is ghaib but his residence is known and the Syariah Court believes that an order to appear may be served on him, the Syariah Court shall in such manner as it thinks reasonable -
(a)
send a letter to the wali-ad-dam of the victim requiring his presence before the Syariah Court within a period of 180 days of the letter normally sent to the address, to give him an opportunity to give an opinion on the death sentence, to pardon qisas with or without
B.L.R.O. 4,,2021
Syuriah Courts 106 CAP.
Criminal Procedure Code diyat or compound qisas with badal-a1-sulh. He may inform the
Syariah Court either personally or by any other means acceptable to the Syariah Court;
(b)
the Syariah Court shall, in the letter, as far as reasonably possible in its opinion state the offence committed and its sentence and the condition of the offender.
(2)
Where the ~c~uli-ad-dam of the victim is ghuib and his residence is unknown and the Syariah Court is of the opinion that it is not possible for an order to appear to be served on him. the Syariah Court shall issue a notice as required by section 167(2), with such modifications as it thinks appropriate.
(3)
Where the a~ali-ad-dam of the victim who is ghaib is present before the sentence is executed, he may state his right of qisas according to
Hukum Syara '.
(4)
If the wali-ad-dam of the victim who is ghaib fails to attend on the date, time and place of the execution of sentence after having been informed of such date, time and place by the Syariah Court, the Chief Syar'ie
Judge may postpone the execution of death sentence to such date as he thinks fit.