What is Qisas and Diyat Ordinance?
The law defines Diyat as “compensation specified in section 323 payable to the heirs of the victims.” Similarly, Qisas is defined as “punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl-i-amd in exercise of the …
What is difference between Diyat and Qisas?
Under Islamic law, punishment for crimes like murder and/or inflicting bodily injury takes two forms: qisas, an equal retributory punishment as inflicted, or diyat, which is basically paying the legal heirs compensation for life lost or/and bodily injury inflicted.
When was Qisas and Diyat ordinance put into force?
The Qisas and Diyat Ordinance was first promulgated in September 1990. Presidential ordinances in Pakistan remain in force for 120 days unless they are placed before parliament and passed into permanent law.
What is Diyat law?
Diyat in Islamic law is the financial compensation paid to the victim or legal heirs of the victim in the case of murder or bodily harm or property damage. It is an alternative punishment for Qisas (retribution).
What is the meaning of Qisas?
Qisas – meaning retaliation, and following the biblical principle of “an eye for an eye.” Qisas (Arabic) is an Islamic term meaning retaliation, similar to the biblical principle of an eye for an eye. In the case of murder, it means the right of the heirs of a murder victim to demand execution of the murderer.
What were the Hudood Ordinances 4 marks?
The Hudood Law was intended to implement Shari’a law or bring Pakistani law into “conformity with the injunctions of Islam”, by enforcing punishments mentioned in the Quran and sunnah for zina (extramarital sex), qazf (false accusation of zina), theft, and consumption of alcohol.
What are the laws of Qisas?
In traditional Islamic law (sharia), the doctrine of qisas provides for a punishment analogous to the crime. In the case of murder, qisas gives the right to take the life of the killer, if the latter is convicted and the court approves.
What is ARSH PPC?
1. Arsh. Arsh is compensation specified in the newly added Chapter XVI, P.P.C. for offences relating to various kinds of hurt. It is to be assessed at certain percentage of the value of Diyat. It is to be paid in lump sum or in instalments in default the convict is liable to simple imprisonment.
What is Hudud and Qisas?
Hudud offenses are crimes against God whose punishment is clearly specified in the Quran and the Sunna (prophetic traditions), and Qisas are physical assault and murder punishable through retaliation by the victim or heirs of the victim or through the payment of blood money.
What is difference between Hadd and Tazir?
In Islamic Law, tazir (or ta’zir, Arabic) refers to punishment, usually corporal, that can be administered at the discretion of the judge, as opposed to the hudud (singular: hadd), the punishments for certain offenses that are fixed by the Qur’an or Hadith.
When was the Hudood Ordinance enforced?
Short title, extent and commencement
|(1)||This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.|
|(2)||It extends to the whole of Pakistan.|
|(3)||It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February, 1979.|
Which is known as the Qisas and Diyat Ordinance?
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.
Can a Diyat be awarded in a qisas case?
In cases of Qatl-i-Amd, diyat can be awarded where the offence committed is proved to be not liable to qisas of where qisas is not enforceable. The consideration in such cases is badl-e-sulh as laid down in S. 310 P.P.C.
How is Diyat punishment different from Qisas punishment?
Punishment of Qisas is physical in nature whereas Diyat is in form of blood money. On the other hand Diyat is the right of the wali of the victim and may be demanded by them only. (v) As to defect of Waiver of Right: When wali of the victims waives his right of Qisas, it shall not applicable against convict.
When to use tazir instead of Qisas Diyat?
When the right of Qisas devolves on the offender as a result of the death of the Wall of the by victim or on a person who has no right of Qisas against the Offender. 2. “Tazir means punishment other than Qisas, Diyat, Arsh or Daman”.