Every expressions which is explained in any part of this Shari'ah Penal Code, is used in every part of this Shari'ah Penal Code in conformity with the explanation, unless the subject or sense of the context otherwise requires.

The pronoun "he" and its derivatives are used of any person whether male or female.

Unless the contrary appears from the context, words importing the singular number include the plural number and words importing the plural number include singular number.

The word "man" denotes a male human being of any age and the word "woman" denotes a female human being of any age.

(1) The word "person" includes any company or association or body of persons, whether incorporated or not.

(2) A child becomes a person when it has been born alive whether the umbilical cord is severed or not.

The word "the public" include any class or section of the public.

"Court of justice" includes every civil or criminal court established by any Act or Law or deemed to be so established and every person or body of persons exercising judicial functions in the State by virtue of any Act or Law in force in the State.

"Judicial proceedings" denote a proceeding in the course of which it is lawful to take evidence whether on oath or not.

The words "public servant" denote a person falling under any of the descriptions hereinafter following, without prejudice to the provision of section 5(ii)(a) and (b) of the Shari"ah Courts (Administration of justice and certain consequential changes) Law, 1999 that is to say:-

(a) every person appointed by the Govemment or the Govemment of the Federation or of a State while serving in the state or by any Local Government Council and every person serving in the state appointed by a servant or agent of any such Government or council for the performance of a specific public duty while performing that duty;

(b) every person not coming within the description set forth in paragraph (a) who is in the service of the Government or of any local government council in a judicial or quasi-judicial, executive, administrative or clerical capacity;

(c) every commissioned officer of the Nigerian Armed Forces;

(d) every assessor or other person assisting a court of justice or a public servant exercising judicial or quasi-judicial functions; while acting in that capacity;

(e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice or by any other competent public authority, while acting in that capacity;

(f) every officer or other person not being a member who is appointed to perform any duty in connection with the discharge of its functions by anybody forming part of the Legislature of the State;

(g) every person who is in the service of any public corporation established by any Act or Law;

(h) every person within the employment of the Federal, State and Local Governments, and their parastatals, departments and agencies.

The term 'armed forces" includes army, naval and air forces and defenses.

11. Moveable Property

The words "moveable property" include corporate property of every description except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

"Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.

"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.

A person is said to gain wrongfully when such person retains wrongfully as well as when such person acquires wrongfully, and a person is said to lose wrongfully when such person is wrongfully kept out of any property as well as when such person is wrongfully deprived of property.

A person is said to do a thing "dishonestly" who does that thing with the intention of causing a wrongful gain to himself or another or of causing wrongful loss to any other person.

A person is said to do a thing "fraudulently" or "with intent to defraud" who does that thing with intent to deceive and by means of such deceit to obtain some advantage for himself or another or to cause loss to any other person.

17. Reason to believe

A person is said to have "reason to-believe" a thing if he has sufficient cause to believe that thing but not otherwise.

(1) An act is said to be 'likely" to have a certain consequence or to cause a certain effect if the occurrence of that consequence or effect would cause no surprise to a reasonable man.

(2) An effect is said to be a probable consequence of an act if the occurrence of that consequence would be considered by a reasonable man to be the natural and normal effect of the act.

When property is in the possession of a person's wife, clerk or servant on account of that person, it is in that person's possession within the meaning of this Shari'ah Penal Code.

A person is said to "counterfeit" who causes one thing to resemble another thing intending by means of that resemblance to practice deception or knowing it to be likely that deception will thereby be practised.

21. Writing document

The word "writing" denotes any marks made upon paper or other substance to express words or ideas, and includes marks made by printing, lithography, photography, engraving or any other process; and the word "document" signifies any writing intended to be used or which may be used as evidence of the matter expressed thereby.

The words "document of title" denote a document which is or purports to be a document whereby a legal right is created, extended, transferred, restricted, extinguished or released, or whereby the existence or the extinction of a legal right is acknowledged or established.

In every part of this Shari'ah Penal Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

The word "acts" denotes a series of acts as well as a single act and the word "omission" denotes a series of omissions as well as a single omission.

Wherever the causing of a certain effect or an attempt to cause that effect by an act or by an omission is an offence, it is to be understood that the causing of that effect or the attempt to cause that effect partly by an act and partly by an omission is the same offence.

A person is said to cause an effect "voluntarily" when he causes it by means of whereby he intended to cause it or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Except where otherwise appears from the context, the word "offence" includes an offence under any law for the time being in force.

Everything which is prohibited by law and which is an offence or which furnishes ground for a civil action is said to be "illegal".

A person is said to be "legally bound to do" not only whatever he is bound by law to do but also everything the omission to do which by him is an offence or furnishes ground for a civil action. 

The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation, modesty, or property.

The words "life" and "death" denote the life or death of human being unless it otherwise appears from the context.

32. Animal

The word "animal" does not include a human being.

The word "vessel" denotes anything made for the conveyance by water of human beings or of property.

Wherever the word 'year" or the word "month" is used, it is to be understood that the year or the month is to be reckoned according to the Islamic calendar and its Gregorian equivalent.

The word 'oath" includes swearing-in by the name of Almighty Allah (S.W.T.) or any of His attributes.

Nothing is said to be done or believed in good faith which is done or believed without due care and attention.

Any person who is convicted of an offence under this Shari'ah Penal Code may be adjudged to make compensation to any person injured by his offence and such compensation may be either in addition to or in substitution for any other punishment.

A consent is not such a consent as is intended by any section of this Shari'ah Penal Code, if the consent is given:-

(a) by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or

(b) by a person who, from unsoundness of mind or involuntary intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

(c) by a person who is under eighteen years of age ox has not attained puberty.

A person is said to "harbour" another person who has committed or intends to commit an offence or who is seeking to evade arrest when he supplies that other with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or assists that other in any way to evade arrest.

Includes the vagina and the rectum.

41. Zina

Includes adultery and fornication.

Under the meaning of the punishment of adultery it means being married or ever consummating a valid marriage.

The dowry due to brides within the same social, educational and family background.

44. Rajm

The penalty of stoning or pelting to death of a Muslim convicted for the offence of zina.

Any location or place that is customarily understood to represent a place for safe keeping or custody or protection.

46. Nisab

Minimum amount of property, liable to payment of Zakah, or which if stolen, the thief shall be liable to hadd punishment.

47. Taklif

Taklif is the age of attaining legal and religious responsibilities.

48. Mukallaf

A person possessed of full legal and religious capacity.

Male agnatic heirs, including three classes of females:- full sister whether alone, consanguine sister and daughter, who are agnatised by their brothers.

The act of luring a person to a secluded place and killing him to take away his property.

Agnatic relatives of the killer who are responsible jointly for the payment of diyyah each according to his capacity.

Reminding the person who committed a transgression that he has done an unlawful act.

Public disclosure usually consists of the taking of the offender by some of the court officials to every part of the city and telling the people what he had committed for which he had received a ta'zir punishment.

Boycotfing the offender by the public.

Confiscation of property owned by the offender.

Compensation which is equivalent to l/20 of diyyah paid in respect of causing miscarriage of fetus.

57. Ta'zir

A discretionary punishment for offence whose punishment is not specified.

58. Tawbikh

A severe rebuke or reprimand for misdemeanours.

59. Diyyah

A fixed amount of money paid to a victim of bodily hurt or to the deceased's agnatic heirs in murder cases, the quantum of which is one thousand dinar, or twelve thousand dirham or 100 camels.

60. Hukumah

Is the amount of compensation falling short of diyyah paid to a victim of bodily injuries of unspecified quantum, based on the discretion of the judge.

61. Government

The word "Government" means the Government of Zamfara State or the Federal Government or Local Government.

62. Foreign government

The word "foreign government" means any government other than any government within the Federation of Nigeria.