Section 18
Section 18
Nothing which is done in good faith for the benefit of a person who is not baligh, or of unsound mind, by or with consent of, either express or implied, the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:
Provided that this exception shall not extend to —
(a)
the intentional causing of death or the attempting to cause death;
(b)
the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or hurt or the curing of any disease or infirmity;
(c)
the voluntary causing of hurt or the attempting to cause hurt, unless it be for the purpose of preventing death or hurt, or the curing of any disease or infirmity;
Syariah Penal Code
B.L.R.O. 3/2024 27
(d)
the abetment of any offence, to the committing of which offence it would not extend.
Illustration
A, in good faith for his child’s benefit without his child’s consent has requested a surgeon to perform surgery on his child to remove stone, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception inasmuch as his object was the cure of the child.