Section 169
Pardon in qntlul- 'nmd
of Syariah Courts Criminal Procedure Code
(1)
In the case of qatlul- 'amd, a wali-ad-dam who is mukallaf may, at any time before the execution of the sentence, pardon qisas on the offender either with or without diyat.
(2)
If a wali-ad-dam is not mukallaf. his wali may pardon qisas on the offender with diyat.
(3)
If His Majesty the Sultan and Yang Di-Pertuan becomes wali,
His Majesty the Sultan and Yang Di-Pertuan may pardon qisas on the offender with diyat.
(4)
If a victim has more than one wali-ad-dam, any one of them may pardon qisas on the offender with or without diyat.
(5)
For the purpose of subsection (4). the wali-ad-dam who does not pardon qisas or does not compound his right of diyat against the offender shall be entitled to his share of diyat.
Syariah Courts
Cri??~inal
Procedure Code
CAP. 224 107
A and B are rrlali-ad-darn to C who was killed by D. D has been convicted of the offence of qatlzll- 'amd and is liable to qisas. A has pardoned D while B refuses to pardon him or has not compound his right of diyat. B has a right to one-half of the dkat liable to D.
(6)
If there are more than one victim, the pardon of qisas by the ic~ali-ad-dam or wali of any one of the victims shall not affect the right of a qisas of the iclali-ad-dam or ivali of the other victims.
A caused B and C's death and has been convicted of the offence of qatlzll- 'anzd and is liable to qisas. B's wali-ad-dun? or rrlali has pardoned A but C's tr.ali-ad-dam or rr~ali does not pardon him. A shall remain liable to qisus because C's wuli-ad-dam or ~tjali does not pardon him although B's 11ja1i-ad-dum or ~vali pardons him.
(7)
If there are more than one offender, the pardon of qisas on any one of the offenders shall not affect the right of qisas on the other offenders.
A and B caused C's death and have been convicted of the offence of qatlzll- 'anzd and are liable to qisas. C's ~~ali-ud-darn has pardoned qisas on A and does not pardon qisas on B. B shall remain liable to qisas.
(8)
Any pardon in qatlul-bmd shall be made before the Syariah
Court and after the Syariah Court is satisfied that the offender has the means to pay diyat in the case of pardon of qisas with diyat as agreed between the offender and ivali-ad-dam, the Syariah Court shall confirm it.
(9)
If the wali-ad-dam or wali has pardoned qisas on the offender and has been confirmed by the Syariah Court, the pardon shall not be withdrawn.
•
(10)
The diyat shall be paid immediately by the offender to the wali-ad-dam of the victim by cash and in certain circumstances, the Syariah Court may order the payment to be made in instalments over a period of not exceeding 3 years, provided that there is a guarantee of payment acceptable by the irjali-ad-dam of the victim.