Page:Syariah Penal Code Order, 2013.pdf/65

22nd. OCTOBER, 2013 (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 purposes 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. Illustration A and B are wali-ad-dam to C who was killed by D. D has been convicted of the offence of qatlul-'amd and is liable to qisas. A has pardoned D while B does not pardon him or has not compound his right of diyat. B has a right to one-half of the diyat liable to D.

(6) If there are more than one victim, the pardon of qisas by the wali-ad-dam or wali of any one of the victims shall not affect the right of qisas of the wali-ad-dam or wali of the other victim. Illustration A caused B and C ' s death and has been convicted of the offence of qatlul-'amd and is liable to qisas punishment. B ' s wali-ad-dam or wali has pardoned A but C ' s wali-ad-dam or wali does not pardon him. A shall remain liable to qisas punishment because C ' s wali-ad-dam or wali does not pardon him although B ' s wali-ad-dam or wali pardons him.

(7) If there are more than one offender, the pardon of qisas on any one offender shall not affect the right of qisas on the other offender. Illustration A and B caused C ' s death and have been convicted of the offence of qatlul-'amd and is liable to qisas punishment. C ' s wali-ad-dam has pardoned qisas on A and does not pardon qisas on B. B remains liable to qisas punishment.

(8) Any pardon in respect of qatlul-'amd shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(9) If the wali-ad-dam or wali has pardoned qisas on the offender and has been confirmed by the Court, the pardon shall not be withdrawn.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 Court may order the payment to be made in instalments for a period of not exceeding 3 years provided that there is a guarantee of payment acceptable by the wali-ad-dam of the victim. 1725