
CHAPTER III
PUNISHMENTS AND COMPENSATION
93. Punishments
(1) The punishments to which offenders are liable under the provisions of this Shari'ah Penal Code are:-
(a) death(qatl);
(b) forfeiture and destruction of property (al-musadarah wal ibadah);
(c) imprisonment (sijn);
(d) detention in a reformatory (harbs fie islahiyyat);
(e) fine (gharamah);
(f) caning (jald);
(g) amputation (qat');
(h) retaliation (qisas)
(i) blood-wit (diyyah);
(j) restitution (radd);
(k) reprimand (tawbikh);
(l) public disclosure (tash-heer);
(m) boycott (hajar);
(n) exhortation (wa'az);
(o) compensation (arshlhukumah);
(p) closure of premises;
(q) warning
(2) Nothing in this section shall prevent a court dealing with an offender in accordance with the Probation of Offender Law.
94. Limitation on punishments
No sentence of imprisonment shall be passed on any person who in the opinion of the Court is under fifteen years of age.
95. Special provision for juvenile offenders
When an accused person who has completed his seventeenth but not completed his eighteenth year of age is convicted by a court of any offence, the court may instead of passing the sentence prescribed under this code, subject the accused to:-
(a) confinement in a reformatory home for a period not exceeding one year; or
(b) twenty strokes of cane, or with fine or with both.
96. Amount of fine
(1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited but shall not exceed the jurisdiction of the court imposing it and shall not be excessive.
(2) ThecourtshaRassessfinewithreferencetothenatureoftheoffenceconunifted, the amount of wrongful gain obtained thereby, the degree of the offender's participation and his financial status.
97. Sentence of imprisonment for non-payment of fine
Whenever an offender is sentenced to a fine whether with or without imprisonment under this Shari'ah Penal Code the court which sentences the offender may direct by the sentence that, in default of payment of the fine, the offender shall be committed to prison for a certain term which term shall be in excess of any other term of imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
98. Imprisonment in default of payment of fine
If an offence is punishable with fine or with imprisonment and fine the court may direct that in default of payment the offender be imprisoned for any term not exceeding the maximum fixed in the following scale, that is to say:-
The period of impnsorunent shall not exceed the following, where the fine-
a. does not exceed two hundred naira - seven days.
b. exceeds two hundred naira and does not exceed four hundred naira - fourtheen days.
c. exceeds four hundred naira and does not exceed one thousand five hundred naira - one month.
d. exceeds one thousand five hundred naira and does not exceed two thousand naira - two months.
e. exceeds two thousand naira and does not exceed three thousand naira - four months.
f exceeds three thousand naira and does not exceed five thousand naira - six months.
g. exceeds five thousand naira and does not exceed eight thousand naira - eight months.
h. exceeds eight thousand naira and does not exceed ten thousand naira - one year.
99. Fine not discharged by death or service of sentence in default of payment
Where a fine or any part thereof remains unpaid the offender or estate, if he is dead, is not discharged from liability to pay the fine or the unpaid part thereof notwithstanding that he has served a term of imprisonment in default of payment of the fine.
100. Limit of punishment when act within definition of more than one offence or when offence made up of several offences
When the same act falls within the definition of more than one offence or when an offence consists of a series of acts each of which or any one or more of which constitutes the offence the same or some other offence, the offender shall not, unless it be otherwise expressly provided, be punished with a more severe punishment than the court which tries him could award for anv one of such offences.
101. Caning or whipping
A sentence of caning may be passed by any court whether trying a case summarily or otherwise on any offender as the punishment for that offence or in lieu of or in addition to any other punishment to which he might be sentenced for any offence not punishable with death.
102. Punishment for misdemeanours
A sentence of reprimand (tawbikh), or warning (tahdid), exhortation (wa'az) or boycott (hajar) may be passed by any court whether trying the case summarily or otherwise on any offender in lieu of, or in addition to any other punishment to which he might be sentenced for any offence not punishable with death, or offences falling under hudud and qisas.
103. Restitution or compensation
Any person who is convicted of an offence under this Shari'ah Penal Code shall, in addition to the punishment for the offence, be ordered to make complete restitution of any benefits, moneys, funds or properties obtained by the crime or other illegal means to the person(s), authorities, bodies or corporations concerned, and the court may, upon application by the victim or his relatives, order compensation for any injury that had resulted from the offence, in accordance with provisions of the relevant Act or Law.
104. Closure of premises
The court may order the closure of any premises used in conducting in any way any business in contravention of the provisions of this law for a period of not less one month and not exceeding one year.