Part Two
Punishments

Book ONE
Fundamental Punishments

Listing of the Fundamental Punishments

Article (38): The Original Punishments are eleven in number, as follows:
1. Capital Punishment: Execution [killing] through a religiously ordained punishment, Retribution [qisas] in Kind, or for slandering purposes.
2. Stoning until death 3. Amputation as a religiously ordained
punishment
4. Retribution [qisas] for Other Than 5. Flagellation as a religiously ordained
Murder punishment
6. Imprisonment 7. Blood Money
8. Liable Injuries 9. Fines
10. Crucifixion in the cases stipulated by Law
11. Compulsory Labor


Imprisonment
Article (39):
Imprisonment shall not be meted out for less than 24 hours; shall not be
more than 10 years unless otherwise stipulated by the Law.


Amount of Blood Money and Liable Injuries
Article (40):
The full blood money for life is set at one thousand times the counterweight of pure gold which is equivalent to 500 "young boy" gold sovereigns, or its equivalent in paper currency at the prevailing price of gold at the date of execution of the sentence.
Liable Injuries is a specific proportion of the blood money, which is set according to the
crime, based on what is stipulated in the following Article:
In unintentional [by mistake] homicide, the Blood Money is reduced by a fifth of the full compensation.


Cases of Blood Money
Article (41):
Full Blood Money is entitled in cases of loss of life; loss of individual, paired or multiple organic members of a kind from the human body, or the loss of the benefit of the function thereof, or its beauty, through the loss of organs of a kind, or through rendering them useless, though their forms still remain. With regards to the prenatal child the financial retribution [qisas]s stipulated in Article (239) shall be applicable accordingly. The full blood money is reduced proportionally the remaining organs of the same kind or of their meanings. Those items of the same kind in the human body are:
1. The nose in its entirety 2. The nose cartilage/tip/nostril
3. The tongue 4. The penis
5. The Spine 6. The brain
7. Speech 8. Voice
9. Urinary tract 10. Fecal Tract
11. Cease of reproduction 12. Barrier between the two Excretory tracts
13. All the senses 14. Both eyes
15. Both ears 16. Both arms
17. Both feet 18. Both lips
19. Both breasts or their nipples fro 20. Both testicles females.
21. Both incisors for men 22. Both lips of vagina [sic] for women
23. Both eyebrows 24. Both eye lids
25. Fingers of both hands 26. Toes of both feet
27. The teeth


Determining of Body Injuries Compensation
Article (42):
Compensation for body injuries other than those specified above shall be as follows:
Blood Money
1. For bone breakage, dislocation or skull concussion (to 1/3 333 counterweight
brain)/fracture
2. Bone separation/disconnection/disjoint 3/20 150 counterweight
3. Bone fracture/crack 1/10 100 counterweight
4. Severe cut to removal of meat till bone leaving only skin and 1/20 50 counterweight
bone
5. Cut to bone 1/25 40 counterweight
6. Cut 2/3 of way from bone 3/100 30 counterweight
7. Cut 1/2 way to bone 1/50 20 counterweight
8. Heavy bleeding (blood flowing out to other location 1/80 12.5 counterweight
9. Light bleeding (blood clots over wound) 1/160 6.25 counterweight
10. Blow or bruise/swelling 1/200 5 counterweight
11. Bruise (greenish, reddish blackish-no swelling) 1/250 4 counterweight
The Blood Money for the women is half that for men, but for body injury compensations, they are the same as those for men until they reach to a third of the total compensation set for men, beyond which half shall be given. A specialist doctor or any experienced assessors shall determine the type of injuries thereof. If the injury lasts or continues without being assessed for compensation thereof, the court shall judge and assess the same based on its own observation thereof accordingly.


Fines
Article (43):
A fine is an amount compelled upon one who has been convicted to pay to the State Treasury, which is set by the Court in the verdict. A fine shall not fall below YR One Hundred nor shall it exceed YR Seventy Thousand, unless otherwise stipulated by Law.


Compulsory Labor
Article (44):
In crimes punished by imprisonment for terms that are not beyond three years may sentence alternatively the punishment of compulsory labor for the period that shall not exceed the prison term set for the crime, whenever the Court finds that the personality, past record and social standing of the Perpetrator indicate that the corrective effect of the punishment can be achieved without having to resort to imprisonment> The punishment, as such, shall be determined based upon the abilities of the Perpetrator in one of the public projects for the period to be set in the sentence of the Court. The sentence may impose on the convict to reside in the area of the project where the sentence is to be implemented, or in one of the correction facilities that are near the project.
The cost of whatever the project provides the convict in terms of services, such as accommodation clothing and lodging shall be deducted from his wages.


Article (45):
If the convict is slack in carrying out the work he has been assigned, or fails to carry it out, or escapes from work, the General Prosecution may request the Judge of the Primary Court, which passed the sentence in the district where the sentence is being executed, to issue a court order for the execution of the prison sentence on the convict, whereby the convict shall complete the term of the punishment in one of the public penal institutions.


Chapter Two
Provisions on Religiously ordained Sentences [hodoud]


Inquiring on the Cases of Droppings16 to Religiously ordained Sentences
[hodoud]


Article (46):
The Judge shall, when considering the sentences to be meted out to a convicted Perpetrator, shall detail all the actions/procedures that will lead to the drop of a sentence from the Perpetrator. Otherwise slandering shall be annulled if the Judge was proven not to have done so.


Conversion of the Convict to Islam
Article (47):
The sentence shall be dropped if the criminal convert to Islam after having committed the crime, even if after having regressed from Islam, except in the sentence for slander/defamation.


Dropping and delaying of Sentences

Article (48):
The President of the Republic may order the delay of a sentence, or drop it altogether whenever interest so dictates, in cases not involving any rights of human beings.


Article (49):
If a sentence was not executed after having been meted out, the matter shall be presented to the court of proper jurisdiction to mete out a sentence of retribution [qisas] in accordance with the Law.

Book ONE
General Provisions on Crimes and Punishments

Part Two
Punishments

Book ONE
Fundamental Punishments

Chapter Five
Complimentary Punishments

Definition

Article (100):
Complimentary Punishments are punishments that compliment the statutory fundamental punishments, which rest on the announcement of the Judge thereof and may only be executed unless they are stipulated in the verdict. Complimentary punishments include being deprived of all or some of the rights stipulated in the following article, being put under observation, confiscation, in addition to the complimentary punishments stipulated in the Law for certain crimes.


Deprivation of Certain Rights and Privileges
Article (101):
In addition to the punishment set forth for the crime, the court may rule that the Perpetrator shall be deprived of all or some of the following rights and privileges, or shall be punished by one or more of the following complimentary punishments, subject to the nature of the crime and the circumstances surrounding its perpetration, the past record of the suspect and the type of fundamental punishment sentenced:
1. Engagement in public employment or services or employment with the prosecution or professional fields.
2. Election for or election to the public councils or assemblies.
3. To be a member of the Board of Directors or Manager of a company.
4. To be the holder of a commitment or a concession from the Government.
5. To be a trustee or custodian or agent.
6. To be an expert or a witness in any agreement or disposition.
7. To be a manager, publisher or editor of a newspaper.
8. To be responsible for the management of an academic school or institute or to engage in any educational activity.
9. To carry any national or foreign decoration or honors.
10. To bear arms.
11. To continue to practice a profession.
12. Freedom of movement or relocation (under police observation)
13. Use or exploitation of a shop (closing a shop).
14. Continued residence of a foreigner.
15. Presentation of an undertaking not to disrupt security and to be committed to good conduct, to be with or without a guarantee.
If the sentenced Perpetrator, at the time of sentencing, was enjoying any of the above rights and is sentenced with deprivation of some of them, the deprivation shall be implemented upon the issuance of the sentence accordingly.
The deprivation shall be permanent and its effectiveness shall not be removed until the rehabilitation of the convicted Perpetrator. The deprivation may also be temporary for a period of a minimum of one year and a maximum of three years, starting from the date of executing the fundamental punishment or from the date that the punishment has been terminated for any other reasons unless the law stipulates otherwise.


Article (102):
The Court may rule that a convicted Perpetrator, who was sentenced to imprisonment, may be placed under probation for a minimum period of one year and a maximum period of three years starting from the day of the termination of the prison term; the judge shall set forth the obligations required of the Probation, such as residence in a specific location that could only be changed with the approval of the administrative authority, or to ban him from being found in certain places. If there are no specific Probation boards existing, the police shall be in charge of this responsibility and the prosecution of jurisdiction over the area where the Probation is residing shall begin supervising the execution of the Probation based on periodic reports presented to such prosecution on the conduct of the Probation every three months at the most; the prosecution may amend or waive some of the restrictions of the Probation after at least half of the Probation term has expired. If the Probatione violates the conditions of the Probation, the judge may harden the conditions thereof or to sentence the convict to imprisonment for up to a maximum of one year.


Confiscation
Article (103):
When convicting a Perpetrator, the Court may rule for the confiscation of apprehended objects obtained from the crime, those which were used to perpetrate the crime or which were prepared for use therein. The order for confiscation of apprehended items, of which the manufacture, possession, acquisition, use, sale and offer for sale is considered a crime in itself, even if it was not owned by the suspect, or the suspect was not convicted. In both cases, the Court shall give consideration to the rights of other parties with good intentions.