Page:Syariah Penal Code Order, 2013.pdf/79

22nd. OCTOBER, 2013 liable to qisas punishment but B shall remain liable to qisas punishment because C or his wali has not pardoned him.

(6) Any pardon in respect of hurt shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(7) If the victim or his wali has pardoned qisas on the offender and has been confirmed by the Court, the pardon shall not be withdrawn.

(8) Arsy muqaddar or arsy ghairu muqaddar shall be paid immediately by the offender to the victim or his wali 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 victim or his wali.

Compound of qisas.

174. (1) In the case of hurt, a victim who is mukallaf may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which may be less or more than the value of arsy.

(2) If the victim is not mukallaf, his wali may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of arsy.

(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali, His Majesty the Sultan and Yang Di-Pertuan may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of arsy.

(4) Any compound of qisas in causing hurt shall be made before the Court and after the Court is satisfied with regards to it, the 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 upon between the offender and the victim or his wali.

Acquittal or punishment after pardon or compound of qisas.

175. The Court may, in the case of pardon or compound of qisas as provided under sections 173 and 174, as the case may be, in its discretion, having regard to the facts and circumstances of the case, acquits the offender against whom qisas has been pardoned or compound, or punishes him with imprisonment for a term not exceeding 5 years. 1739