Quran[ edit ] The Qisas or equivalence verse in Quran is,  O ye who believe! But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. We ordained therein for them: "Life for life, eye for eye , nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. And if any fail to judge by the light of what Allah hath revealed, they are No better than wrong-doers. They the relatives of that girl , came to the Prophet and he gave the order of Qisas equality in punishment.
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Following the surfacing of the pardon given by legal heirs of a deceased young man in the famous Shahzaib murder case in Karachi, these provisions have been in the limelight. Ever since the introduction of these provisions around 23 years ago by the then government on the order of the Shariat Appellate Bench of the Supreme Court, the law remains under discussion in high profile murder cases. Last time it was the murder of two Pakistanis by an American national Raymond Davis in Lahore in when this law was invoked to pardon that accused.
Several write-ups had appeared on it in national and international media. Now when the family of Shahzaib, whose cold-blooded murder last year drew public outcry, has agreed to forgive the influential killers which has resulted in aggressive public debate on the pros and cons of this law.
Commonly known as the Qisas and Diyat Ordinance, through it drastic changes were made in Chapter 16 of the British-era Pakistan Penal Code related to offences affecting human body.
Sections to of PPC, related to bodily hurt and murder were repealed and replaced with new provisions, which the then government claimed were in accordance with the Islamic injunctions and judgment of the Shariat Appellate Bench of the Supreme Court. Similarly, some provisions of the Criminal Procedure Code, , were amended and legal heirs of a deceased person were authorised to enter into compromise with a killed even at last moment before execution of sentence.
The said ordinance was re-promulgated over 20 times as the constitutional life of an ordinance is four months. Finally, in during the government of Mian Nawaz Sharif, it became an Act of the Parliament, which covered all offenses against human body and provided for Qisas and Diyat.
The Federal Shariat Court had in several Shariat petitions declared that the existing provisions of PPC related to murder and bodily hurt were contrary to the Islamic injunctions. The then government had filed an appeal before the Shariat Appellate bench of the Supreme Court, which dismissed the same in July The Shariat appellate bench made it binding on the government to amend the relevant laws.
The five-member appellate bench unanimously decided that sections to of PPC are repugnant to the injunctions of Islam on different grounds. The bench ruled that these provisions did not provide for the Qisas in cases of qatl-i-amd deliberate murder and jurooh-al-amd deliberately causing hurt as was prescribed in Holy Quran and Sunnah, it did not provide for compromise between the parties on agreed compensation when they make sulh compromise in case of qatl and jurh hurt ; it did not exempt a non-pubert and an insane offender from the sentence of death in cases of murder; etc.
The bench also ruled that section of the Code of Criminal Procedure was repugnant to the injunctions of Islam in so far as it did not include some of the offences against human body in the table of compoundable offences.
It also ruled that section of the CrPC was repugnant to the injunctions of Islam in so far as it did not provide that the heirs of the deceased in a case of murder may pardon the offender or enter into compromise with him even at the last moment before execution of sentences, upon which execution could not take place. The bench had held that this decision should take effect from March 23, , whereby the provisions referred to by the bench, to the extent they had been held to be repugnant to the injunctions of Islam, should cease to have effect.
Following the introduction of the Qisas and Diyat law the crimes affecting human body are no longer considered offences against the society or state, but are now considered offences against an individual. Thus, if these individuals so decide, offenders can walk free even after committing grave and heinous crimes like murder. Now, the legal heirs of a deceased have the right to make a compromise with the offender under section and In the first provision, legal heirs can forgive the murderer in the name of God without getting any monetary compensation in the form of Diyat, while under section the legal heirs can compromise after receiving Diyat in their respective shares.
The minimum value of blood money is the value of grams of silver on the first day of the month of July each year. Following amendments in the PPC in early , murders on the name of honour were also included in section , which provides that the imprisonment shall not be less than 10 years. Experts dealing with criminal cases believe that the trial and appellate courts had very rarely been invoking section of PPC and in very few cases killers were convicted under the principle of fasad-fil-arz.
They believe that in heinous nature cases the courts should invoke this section so that the offenders are not set free merely on the ground that they have entered into a compromise.
Executions under the Qisas and Diyat Ordinance
Akisho In all civilized countries in the worldmurder or any other crimes are considered against the State, of course there are victims ordinancs and they are treated as such. Body of presiding officer recovered. If carried out, this would be the first case in Pakistan in which the infliction qisas and diyat ordinance the death penalty is identical in form with the crime. If the death sentence is confirmed, the prisoner can appeal to the Supreme Court but the Supreme Court can decide whether qisas and diyat ordinance accepts orrdinance appeal.
QISAS AND DIYAT ORDINANCE 1990 PDF
Those sections of the Pakistan Penal Code which relate to the offences of murder and manslaughter were replaced in by the Qisas and Diyat Ordinance which redefines the offence and its punishment in Islamic terms. Amnesty International unconditionally opposes the death penalty in all cases. It believes that the death penalty violates the right to life and the prohibition of cruel, inhuman and degrading treatment or punishment. The execution has been postponed. In Peshawar Central Jail, a man was hanged in October He waited for half an hour with the noose around his neck, while his family and the family of the victim argued outside the prison gate over a pardon and payment of diyat or compensation.
QISAS AND DIYAT ORDINANCE 1990 EPUB
Vudosar Civil society in qosas If carried out, this would be the first case in Pakistan in which the infliction of the death penalty is identical in form with the crime. It issued an interim order staying all public executions pending ordknance final decision of the Supreme Court. It makes me very happy. Under Islamic law the punishment for murder, homicide or infliction of injury can either be in the form of qisas equal punishment for the crime committed qisas and diyat ordinance diyat compensation payable to the victims or their legal heirs. Just giving a hard time to qisas and diyat ordinance parents of the victim solves nothing. Now, ordunance legal heirs of a deceased have the right to make a compromise with the orfinance under section and Information from Pakistan indicates that the execution which was fixed for 8 May has been postponed as the Advocate General has filed an appeal in the High Court of the North West Frontier Province questioning the order of public execution. In qisas cases the Ordinane alters qnd role of the state in the prosecution of criminal cases: In all civilized countries in the worldmurder or any other crimes are considered against the State, of course there are victims involved and they are treated as such.