Section 170
Compounding of qisas
of Syariah Courts Criminal Procedure Code
(1)
In the case of qatlul-bmd, a wali-ad-dam who is mukallafmay compound qisas with badal-al-sulh and such compounding of qisas shall be
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(2)
If a ~vali-ad-dam is not mukallaf; his wali may compound qisus with badal-al-sulh and such compounding of qisas shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of full diyat.
(3)
If His Majesty the Sultan and Yang Di-Pertuan becomes ~vali,
His Majesty the Sultan and Yang Di-Pertuan may compound qisas with badul-al-sulh and such compounding of qisas shall be made after receiving badul-al-sulh with an amount which shall be the same as the value of full diyar.
(4)
Any compounding of qisas in qatlul- 'amd shall be made before the Syariah Court and after the Syariah Court is satisfied that the offender has the means to pay budal-al-sulh as agreed between the offender and wali-ad-dam, the Syariah Court shall confirm it.
( 5 ) Badal-al-sulh may be paid or given on demand by cash or on a fixed date as may be agreed between the offender and wjali-ad-dam of the victim.
Warrant of execution of death sentence in offences other than hadd or qisas 171.
(1)
After His Majesty the Sultan and Yang Di-Pertuan has ordered the execution of death sentence in offences other than hadd or qisas, the
Chief Syar'ie Judge shall, after receiving the order signed by His Majesty the
Sultan and Yang Di-Pertuan, issue a warrant of execution of death sentence under the seal of the Syariah Court and forward such warrant to the Director of Prisons.
(2)
His Majesty the Sultan and Yang Di-Pertuan may order for a postponement of the execution of such warrant and thereafter fix another date or place for the execution of the warrant.
Procedure of execution of death sentence or stoning 172.
(1)
Muslim offenders shall be ordered to repent and given an opportunity to make a wiasiat before the execution of death sentence or stoning.
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(2)
After the execution of death sentence or stoning. a medical officer shall examine the body of the person executed and shall ascertain the fact of death and shall sign a certificate thereof on the back of the warrant of execution of death sentence or stoning and deliver the same to the Director of
Prisons.
(3)
The Syar'ie Judge present during the execution of death sentence or stoning shall be satisfied that such execution has been duly carried out and he shall confirm such warrant.
(4)
The Director of Prisons shall return the warrant of execution of death sentence or stoning duly indorsed to the Chief Syar'ie Judge.
Additional procedures on execution of stoning 173.
(1)
Without prejudice to the provisions of section 172, the sentence of stoning shall be executed according to the following procedures -
(a)
the stoning shall be executed in an open area;
(b)
the stones used during the stoning shall be the size of a fist;
(c)
the offender shall wear clothes that covers the aurat;
(d)
the officer in charge of prison shall ensure that there is no disturbance during the execution of the stoning;
(e)
the offender shall be standing without being tied, whether his offence is proved by the syahadah of four syahid or by his own ikrar;
If) the persons present during the execution of sentence shall commence the stoning on the offender from all sides and in the course of the stoning, the offender may be shot to death by an officer appointed by the Director of Prisons upon the order of the Syar'ie
Judge present;
(g)
where the offence of the offender is proved by the syahadah of four syahid and he tries to escape at the time when he is undergoing the sentence of stoning, he shall be detained and the sentence of stoning shall be resumed and he may be shot to death;
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(h)
where the offence of the offender is proved by his own ikrar and he withdraws his ikrar or tries to escape at the time when he is undergoing the sentence of stoning, he shall be considered to have withdrawn his ibur and the sentence of stoning shall forthwith cease;
(i)
where the offence of the offender is proved by the syahadah of four syahid and one of the syahid withdraws his evidence when the offender is undergoing the sentence of stoning. the sentence of stoning shall forthwith cease.
(2)
Where the sentence of stoning ceases under subsection (1)(11)
or (i), the Syariah Court may -
(a)
pass sentence on the offender for any other offence if there is sufficient evidence for that purpose; or
(b)
make an order of acquittal of sentence on the offender.
(3)
An offender in respect of whom subsection (2) applies shall continue to be detained in custody pending the determination of the Syariah
Court.