BRUNEI DARUSSALAM GOVERNMENT GAZETTE
(2) For the purposes of this Order, qatl consists of three kinds—
- (a) qatlul-'amd;
- (b) qatlu syibhil-'amd; and
- (c) qatlul-khata'.
Qatlu.l-'amd.
125. For the purposes of this Order, "qatlul-'amd" means any of the following acts—
- (a) the act which causes death is committed with the intention of causing death;
- (b) the act is committed with the intention of causing bodily h?rm which he knows may cause death to the injured person; or
- (c) the act is committed with the intention of causing bodily harm to a person and the bodily harm meant to be inflicted in the ordinary course of nature is sufficient to cause death.
Illustrations
- (a) A shoots B with the intention of killing him. B dies in consequence of the shooting. A commits the offence of qatlul-'amd.
- (b) A knowing that B is suffering from a disease that a blow is likely to cause his death, A strikes him with the intention of causing bodily harm. B dies in consequence of the blow. A is guilty of qatlul-'amd although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that B is suffering from any disease, gives him such a blow as in the ordinary course of nature would not kill a person in a sound state of health, here A, although he may intend to cause bodily harm, is not guilty of qatlul-'amd, if he did not intend to cause death, or such bodily harm as in the ordinary course of nature would cause death.
- (c) A intentionally wounded B with a sword or an object which in the ordinary course of nature is sufficient to cause the death of a person. B dies in consequence. Here A has committed the offence of qatlul-'amd, although he may not have intended to cause B' s death.
Punishment for qatlul-'amd.
126. (1) Any person who commits qatlul-'amd and it is proved either by ikrar of the accused or syahadah of at least two syahid according to Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah ai syuhud, is guilty of an offence and shall be liable on conviction to death as qisas.
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