DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0154
96
REGULATION IX.
[A.D. 1793.
Punishment to be
inhicted in lieu of it.
futwah of the law offi-
cers.
Judges to refer all
questions of law to the
officers.
Courts to be guided
by such opinions, al-
though they disapprove
of them.
How to proceed in
How the courts are
to proceed where the
law declares witnesses
incompetent, because
they are not Mahome-
dans.
LI. No criminal shall suffer the punishment of mutilation. If a prisoner
shall be sentenced, in conformity to the futwah of the law officers, to lose
two limbs, instead of being made to undergo such punishment, he shall be
imprisoned and kept to hard labour for fourteen years ; and if any prisoner
shall be so sentenced to lose one limb, he shall, in lieu of such punish-
ment, be imprisoned and kept to hard labour for seven years. The judges
are accordingly directed, whenever any criminal shall be sentenced to
suffer mutilation, to commute such punishment for imprisonment and
hard labour for the term above prescribed, and to issue their warrant to
the magistrates for that purpose.
LII. [Claims of kissaas or deyat by heirs of the slain.]—7?^cm&7 <5y
Xcc.77.72qy.7U. 1797.
LIII. Whenever the judges shall disapprove of any part of the pro-
ceedings held on a trial, or of the futwah delivered by the law officers,
they are not to pass sentence on such cases, but shall complete the trial
and transmit to the Nizamut Adawlut a copy of all the proceedings and
the futwah of the law officers, with a separate letter stating the grounds
of their disapproval, and wait the sentence of that court.
LIV. The judges of the q/ are to refer to the cauzy and
mufty of all questions on points of law that may
arise during the course of any trial, and respecting which no specific rules
shall have been enacted by the Governor-General in Council, and shall
regulate their proceedings by the opinions which may be delivered by
those officers. If such opinions shall appear to the judges contrary to
the principles of natural justice or to the Mahomedan law, they are never-
theless to be guided by them, and after completing the trial, and obtaining
the futwah of the law officers upon the case, they shall, without passing
sentence upon it, transmit the proceedings and futwah to the'Nizamut
Adawlut, with a separate Tetter stating their objections to such opinions
or futwah, and wait the sentence of that court.
LV. [Certain exceptions of the Mahomedan law not to bar condemna-
tion.]—72c3<?m&7 Xcc. 77. 72qy. 7U. 1797.
LVI. The religious persuasions of witnesses shall not be considered as
a bar to the conviction or condemnation of a prisoner; but in cases in
which the evidence given on a trial would be deemed incompetent by the
Mahomedan law, solely on the ground of the persons giving such evidence
not professing the Mahomedan religion, the law officers of the q/*
are to be required to declare what would have been their futwah,
supposing such witnesses had been Mahomedans. The q/ CTrcMZ?!
are not to pass sentence on such cases, but shall transmit the record of
the trial, with the futwah directed to be required from the law officers, to
the Nizamut Adawlut, which court, provided they approve of the proceed-
ings held on the trialj shall pass such sentence as they would have passed,
had the witnesses, whose testimony may be so deemed incompetent, been
of the Mahomedan persuasion.
See Reg. XIV.
1810.
See Sec. v.Reg.
XVII. 1817.
See Reg. IV.
1822.
REGULATION IX.
[A.D. 1793.
Punishment to be
inhicted in lieu of it.
futwah of the law offi-
cers.
Judges to refer all
questions of law to the
officers.
Courts to be guided
by such opinions, al-
though they disapprove
of them.
How to proceed in
How the courts are
to proceed where the
law declares witnesses
incompetent, because
they are not Mahome-
dans.
LI. No criminal shall suffer the punishment of mutilation. If a prisoner
shall be sentenced, in conformity to the futwah of the law officers, to lose
two limbs, instead of being made to undergo such punishment, he shall be
imprisoned and kept to hard labour for fourteen years ; and if any prisoner
shall be so sentenced to lose one limb, he shall, in lieu of such punish-
ment, be imprisoned and kept to hard labour for seven years. The judges
are accordingly directed, whenever any criminal shall be sentenced to
suffer mutilation, to commute such punishment for imprisonment and
hard labour for the term above prescribed, and to issue their warrant to
the magistrates for that purpose.
LII. [Claims of kissaas or deyat by heirs of the slain.]—7?^cm&7 <5y
Xcc.77.72qy.7U. 1797.
LIII. Whenever the judges shall disapprove of any part of the pro-
ceedings held on a trial, or of the futwah delivered by the law officers,
they are not to pass sentence on such cases, but shall complete the trial
and transmit to the Nizamut Adawlut a copy of all the proceedings and
the futwah of the law officers, with a separate letter stating the grounds
of their disapproval, and wait the sentence of that court.
LIV. The judges of the q/ are to refer to the cauzy and
mufty of all questions on points of law that may
arise during the course of any trial, and respecting which no specific rules
shall have been enacted by the Governor-General in Council, and shall
regulate their proceedings by the opinions which may be delivered by
those officers. If such opinions shall appear to the judges contrary to
the principles of natural justice or to the Mahomedan law, they are never-
theless to be guided by them, and after completing the trial, and obtaining
the futwah of the law officers upon the case, they shall, without passing
sentence upon it, transmit the proceedings and futwah to the'Nizamut
Adawlut, with a separate Tetter stating their objections to such opinions
or futwah, and wait the sentence of that court.
LV. [Certain exceptions of the Mahomedan law not to bar condemna-
tion.]—72c3<?m&7 Xcc. 77. 72qy. 7U. 1797.
LVI. The religious persuasions of witnesses shall not be considered as
a bar to the conviction or condemnation of a prisoner; but in cases in
which the evidence given on a trial would be deemed incompetent by the
Mahomedan law, solely on the ground of the persons giving such evidence
not professing the Mahomedan religion, the law officers of the q/*
are to be required to declare what would have been their futwah,
supposing such witnesses had been Mahomedans. The q/ CTrcMZ?!
are not to pass sentence on such cases, but shall transmit the record of
the trial, with the futwah directed to be required from the law officers, to
the Nizamut Adawlut, which court, provided they approve of the proceed-
ings held on the trialj shall pass such sentence as they would have passed,
had the witnesses, whose testimony may be so deemed incompetent, been
of the Mahomedan persuasion.
See Reg. XIV.
1810.
See Sec. v.Reg.
XVII. 1817.
See Reg. IV.
1822.