Where the prosecution fails to prove motive, the court should not award a capital sentence. The offender’s young age should be considered a relevant mitigating factor.
A sentence may be reduced due to consideration of the fasad-fil-arz principle and a compromise agreement with legal heirs of deceased
A partial compromise between the complainant and accused may have a mitigating effect on the sentencing in a case of Ta’zir.
Where the accused reaches a compromise with the heirs of the deceased in a Ta’zir case, this will result in a full compromise leading to acquittal despite the deceased’s other family members challenging the compromise agreement
The death penalty should not be awarded where there is a lack of premeditation and motive is unproven. The Supreme Court considers a single shot fired as evidence of lack of premeditation.