The Qisas and Diyat Law in Pakistan: Prosecution of Offence of Murder

The penal laws adopted and practiced by Muslims in the modern period are an appraisal of their adherence to the Qur'ānic principles of justice and contemporary human rights law. In 1990, Pakistan incorporated amendments in Pakistan Penal Code to make the penal laws of the country in consonance with the Qur'ān and the sunnah—a constitutional obligation. However, Pakistan's existing law of homicide does not completely comply with the Qur'ānic principles of justice and human rights. The paper argues that the Qisas and Diyat Law of Pakistan has further complicated the prosecution of offence of murder on the following grounds: (a) power of legal heirs to waive off or compound the offence of intentional murder (qatl-i 'amd) at any stage of the trial; (b) controversy over the interpretation of some sections of the law related to qatl-i 'amd not liable to qiṣāṣ; (c) jurisdiction of the court to award punishment of ta'zīr in cases of fasād fī 'l-arḍ wherein qiṣāṣ is waived or compounded.