Section 125
Qatlul-’amd
For the purposes of this Code, “qatlul-’amd” means any of the following acts —
(a)
the act which causes death is committed with the intention of causing death;
(b)
the act is committed with the intention of causing bodily harm which he knows may cause death to the injured person; or
(c)
the act is committed with the intention of causing bodily harm to a person and the bodily harm meant to be inflicted in the ordinary course of nature is sufficient to cause death.
Illustrations
(a)
A shoots B with the intention of killing him. B dies in consequence of the shooting.
A commits the offence of qatlul-’amd.
(b)
A knowing that B is suffering from a disease that a blow is likely to cause his death,
A strikes him with the intention of causing bodily harm. B dies in consequence of the blow.
A is guilty of qatlul-’amd although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that B is suffering from any disease, gives him such a blow as in the ordinary
Syariah Penal Code 70
course of nature would not kill a person in a sound state of health, here A, although he may intend to cause bodily harm, is not guilty of qatlul-’amd, if he did not intend to cause death, or such bodily harm as in the ordinary course of nature would cause death.
(c)
A intentionally wounded B with a sword or an object which in the ordinary course of nature is sufficient to cause the death of a person. B dies in consequence. Here A has committed the offence of qatlul-’amd, although he may not have intended to cause B’s death.