Without going into the ideological, religious and sectarian debates that stem from the issue, i would like to highlight problems associated with this legislation. Under qisas and diyat ordinance of 1990, murder is made a compoundable offence while enabling the heirs of the victim to pardon the perpetrator or accept compensation. This book aims to fill these gaps in our understanding of sharia law in practice. What punishment in default of payment of fine can be awarded. Samia sarwars relatives in pakistan benefited from the qisas retribution and diyat compensation ordinance promulgated in 1990 while nawaz sharif was pakistans prime minister. How value of diyat is determined and to whom diyat is disbursed. The application of qisas and diyat law in pakistan. Islam way of lifelegislation wikibooks, open books for.
Special emphasis is given to the period from 1977 when general zia ul haque. The qisas and diyat ordinance was never brought before parliament and has been periodically repromulgated since september 1990. Cases involving the death penalty and transportation of life are taken cognizance by the courts of sessions as hudood courts at the district superior. But after 1990 the pakistan penal code made some amendments regarding qatl murder by enacting the qisas and diyat ordinance 1990. Initially, these provisions were introduced through the criminal law amendment ordinance vii of 1990, popularly known as qisas and diyat ordinance, in oct 1990 by the then president ghulam ishaq. Qisas and diyat ordinance allows honor killings to go. In the above mentioned cases, exploiting this ordinance, the murderers were set free on political and economic grounds. The qisas and diyat ordinance redefines the offences of murder and bodily hurt and their punishment in islamic terms and replaces or amends the relevant sections of the pakistan penal code sections 299 to 338 and. The qisas and diyat ordinance the qisas and diyat ordinance was first promulgated in september 1990. In the light of the judgment in gul hassan case supra, legislature abolished the exception of section 300 which provided for a defence on the basis of grave and sudden provocation and qisas and diyat ordinance, 1990 was enacted which later expired and then qisas and diyat act, 1997 was promulgated. Roundtable discussion on qisas and diyat law within. In addition to the above, the plea of grave and sudden provocation, though repealed on the promulgation of qisas and diyat ordinance 1990 and the right to self defence, as provided under chapter iv, ppc anglo.
However, one factor that remains to be highlighted is how the introduction of qisas and diyat laws in 1990 led to a complete obliteration of criminal justice. Would justice be served if waseem is eventually executed. Pros and cons of qisas and diyat law newspaper dawn. The qisas and diyat ordinance and its impact on death penalty. The law of equality is prescrihed to you in cases of murder the free for the free. It means compensation determined by court to be paid by the offender to the victim for causing hurt not liable to arsh. Criminal law amendment ordinance vii of 1990, popularly known as qisas. Murder and the states responsibility the express tribune. If the inline pdf is not rendering correctly, you can download the pdf file here. What kind of punishment can be given after enforcement of qisas and diyat ordinance. With the passing of the qisas and diyat ordinance in 1990, the victim or heirs of the victim of a crime now. Effect of qisas and diyat laws on criminal justice. Government and others made the statement that the government is in the process of promulgating the qisas ordinance, which will be.
The law was finally approved as an ordinance in 1990 by ghulam. The qisas and diyat ordinance has had an adverse impact on the rule of law, on the administration of justice, and on the application of death penalty. Criminal procedure code and qisas and diyat actcriminal procedure code and qisas and diyat act in pakistan, the present criminal justice system is primarily based upon the codified penal and procedural laws designed by the british masters in the colonial era of british indian history. In some cases the discrimination between muslims and nonmuslims works in favour of the latter.
One group of our scholars regards it as the monetary value of human life, while another group considers it to be the monetary compensation of the economic loss inflicted by the slayer upon the family of the murdered person. This was a qisas and diyat ordinance decline compared to when people were reportedly sentenced to death, mostly for qisas and diyat ordinance and where it is a highly unacceptable unforgivable crime the commensurate 3 death penalty for the murderous death giver. Second amendment ordinance, 1990 on 509 1990 to be effective from 12 rabiulawwal 1411 a. Safeguard of fundamental rights and security is the right of every pakistani citizen. What are various kinds of punishment under the provision of p. Refworld executions under the qisas and diyat ordinance. Qisas and diyat ordinance 1990 pdf gustavo bultaco. Qisas, diyat and the laws of blood the express tribune.
With the passing of the qisas and diyat ordinance in 1990, the victim or heirs of the victim of a crime now have the right to inflict injuries on the offender. It deals specifically with the consequences of enforcing islamic criminal law in pakistan, providing an indepth and critical analysis of the application of the islamic law of qisas and diyat retribution and blood money in the muslim world today. Since their promulgation as an ordinance in 1990, the qisas and diyat provisions were repromulgated by the legislature 20 times, before being raised to an. The qisas and diyat ordinances were enforced in pakistan. The pakistan penal code and the offence of murder leap. Download pdf file human rights commission of pakistan. It means a medical officer medical board howsoever designated, authorised by provincial government.
The application of islamic criminal law in pakistan. Commonly known as the qisas and diyat ordinance 1990 and diyat ordinance, through it drastic changes were made in chapter 16 of the britishera pakistan penal code related to offences affecting qisas and diyat ordinance 1990 body. Thus, if these individuals so decide, offenders can walk free even after. This ordinance redefined certain crimes and punishments provided by the ppc to bring them in conformity with the injunctions of islam as stipulated by the quran and sunnah. The new ordinance replaced british era criminal laws on bodily hurt and murder with shariacompliant provisions, as demanded by the shariat appellate bench of pakistans supreme court. First introduced in 1990 through an ordinance by president ghulam ishaq khan in 1990, and subsequently enshrined in law through an act of parliament passed by the pml government of nawaz sharif in 1997, the qisas and diyat laws apply to all offences against the human body and have two main effects. Qisas and diyat ordinance allows honor killings to go unpunished in pakistan stephanie palo abstract this study begins with the story of samia sarwar. By allowing for the possibility to pay blood money to relatives of the victim in lieu of execution, the ordinance has paved the way to a nefarious privatisation of. Diyat better known as blood money and defined financial compensation paid to the victim in case of murder, bodily harm or property damage. Interest free counters were opened at all the 7,000 branches of the nationalized commercial banks on january 1, 1980. The qisas and diyat ordinance, first promulgated in september 1990, and since then regularly repromulgated by the president1.
The islamization of the law in pakistan by rubya mehdi. The critique of the qisas and diyat ordinance 1990 needs critical appraisal of the constitution of pakistan of 1973, pakistan penal code of 1886 including huddood laws, criminal procedure code of 1886, qanoon e shahadat law of evidence. In 1997, the nawaz sharif government formally enacted the qisas and diyat ordinance, which institutes shariahbased changes in pakistans criminal law. The qisas and diyat ordinance was never brought before.
First introduced in 1990 through an ordinance by president ghulam ishaq khan in 1990, and subsequently enshrined in law through an act of parliament passed by the pml government of nawaz sharif in 1997, the qisas and diyat laws apply to all offences against the human body and have two main. The law also allows the offender to provide compensation or blood money for the crime committed diyat. The qisas and diyat ordinance of 1990 provided for the victim or his heirs to have the right to inflict injuries equal to those sustained by the victim qisas. Qisas and diyat ordinance 1990 criminal amendment act 1997. Basic information about pakistan here are the different categories related to pakstudy mcqs. This is essentially what happens under pakistans qisas retribution and diyat compensation laws. The qanuneshahadat law of evidence, 1984, qisas and diyat ordinance offences against the human body, 1990, and conflicting case law on the. This is a detailed, critical study of the reforms which have been made in recent years to the law in the state of pakistan with the ostensible objective of bringing it into accord with the requirements of islam. Home features davis book brings to light misuse of qisas and diyat law. Legal and theoretical foundation of the qisas and diyat law in pakistan in. He had also held office for a truncated term 1990 1993, during which he had promised to adopt islamic law as the supreme law of pakistan.
Provided further that where the qisas is not enforce able under clause c of section 307, the offender shall be liable to diyat only if there is any wali other than. Types of hurt according to qisas and diyat ordinance justice. Pakistan, which is predominantly hanafi sunni muslim nation, introduced qisas and diyat ordinance in 1990, amending sections 229 to 338 of pakistan penal code. Presidential ordinances in pakistan remain in force for 120 days unless they are placed before parliament and passed into permanent law. The death penalty under the qisas and diyat ordinance as most death sentences are imposed for murder, the law defining this offence and laying down its punishment will be described in greater detail.
It is the duty and responsibility of the state to ensure us our fundamental rights which are indivisible and inalienable. As regards the first question, it may be mentioned that the two previous law commissions. Law of qisas in islam and its legislation in pakistan. Qisas and diyat ordinance 1990 pdf download rio olympics 2016 pdf download fernando pessoa the book of disquiet pdf download appunti di vulcanologia pdf download het spel neil strauss pdf nederlands download view content pdf icon download my jihad my way of peace pdf download. Mother of the deceased pardoned the accused and waived here right of qisas and diyat in the trial court but it escaped the notice of the trial court and the high court, s. Commonly known as the qisas and diyat ordinance, through it drastic. Davis book brings to light misuse of qisas and diyat law. At age 17, samia married her cousin through an arranged marriage. Pakistan introduced qisas and diyat in 1990 as criminal law second amendment ordinance, after the shariat appellate bench of the supreme court of pakistan declared that the lack of qisas and diyat were repugnant to the injunctions of islam as laid down by the quran and sunnah. Pak study mcqs, get complete mcqs of pakistan studies for nts,fpsc, ppsc,spsc,css,pms test preparation.