PJIR | Pakistan Journal of Islamic Research - Multan

پاکستان جرنل آف اسلامک ریسرچ

BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN, PAKISTAN
ISSN (print): 2070-0326
ISSN (online): 2618-0820

Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis)

  • Annoda Ali/
  • Lutfullah Saqib/
  • Muhammad Islahuddin/
  • December 31, 2021
Keywords
Diyyat, Qiṣāṣ, Sharī‘ah, Pakistani Law, Law, Punishment.
Abstract

Regarding the concept of Diyyat (blood money), Islamic Law offers a comprehensive and extensive details; having sources from both Qur’ān and Sunnah. At the same time, the Holy Qur’ān and hadīth value the accepting of Diyyat rather than Qiṣāṣ (retaliation)- capital punishment for the offence of homicide. In reality, the present legal system of Pakistan, passing through different process, pursue the practice of Diyyat as present in the texts of classical fiqh (Islamic Law). Even so, there are provisions which are in compliance to Islamic Law while some others are not. The present work, predominantly, aims and contributes, at the first instance, to the concept of Diyyat in Islamic Legal system. It also purports for highlighting the gaps and flaws that are in the current legal system of Pakistan. Not only the flaws, the present research endeavor elaborates those rules that are in conformity with Islamic Law of Diyyat. The findings, herein, show that the concept of Diyyat in the penal legal system of Pakistan has, of course, similarities with the same concept in Sharī‘ah (Islamic Legal system) e.g. the compounding of right of Qiṣāṣ in lieu of Diyyat, waiver of Qiṣāṣ, the concept of walī, the payment of Diyyat, disbursement of Diyyat, value of Diyyat in terms of silver and etc. The penal law, undeniably, has some metamorphoses too such as; payment of Diyyat in installments during the span of five years, value of Diyyat just in terms of silver, muteness in case of women Diyyat etc. Islamic Law, however, is more superordinate while discussing the same. Additionally, to probe into the issue, the qualitative content analysis technique has been used.

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Author(s):

University of Swat, Khyber Pakhtunkhwa.

Pakistan

  • anoodaali940@gmail.com

Lutfullah Saqib

Author/Reviewers

Associate Professor, Department of Law and Shariah, University of Swat, Khyber Pakhtun Khwa.

Pakistan

Assistant Professor, Department of Law and Shariah, University of Swat, Khyber PakhtunKhwa.

Pakistan

  • swatiadvocate@gmail.com

Details:

Type: Article
Volume: 22
Issue: 2
Language: English
Id: 61cf0780bd2f7
Discipline: Arts & Humanities
Published December 31, 2021

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Copyrights

© 2008-2018 Islamic Research Centre, Bahauddin Zakariya University, Multan, Pakistan.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.