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    Monday, 13 October 2014

    Qisas in islamic criminal law and PPC




    Under Islamic law, different categories of crimes have been mentioned. One of these categories is qisas crimes. Against commission of such crimes, Islamic law recommends severe punishment and this punishment is called qisas.
    Relevant Provisions
    Sections 299(K), 302, 304, 306, 307, 313, 314, 334, 336, 337, 338 of P.P.C. 1860.
    Meaning
    Qisas means to copy the other or to follow the path followed by the other or to act like the act of another.
    It also means equality. Qisas is a form of retaliation where the person is caused similar hurt as he had caused to another.
    Definition
    Literally, means equal or balance. Legally it means infliction of similar hurt at same part of body of convict as he has caused to victim or causing of convict’s death in case of qatl-e-amd.
    Quranic Perspective
    The concept has been provided to us the Holy Quran itself where it states;
    (i) Surah Baqra Verse No. 178: 
    O ye, who believe! Retaliation is prescribed for you in matter of murder.
    (ii )Surah Al Maida Verse No. 45:
    And we prescribed for them therein; the life for the life, and the eye for the eye, and the nose for the nose and the ear for the ear and the tooth for the tooth and for wounds retaliation.
    Waiver of Qisas
    Following cases can be mentioned as far as waiver is concerned;
    (i) An Adult Sane Wali
    In case of qatl-i-amd, an adult sane wali can waive his right of qisas at any time and without any compensation. However, right of qisas should not be waived when wali is government or when right of qisas vests in a minor or insane.
    (ii) More Than One Wali
    If a victim has more than one wali, any one of them can waive his right of qisas. However, wali, who does not waive right of qisas, should be entitled to his share of diyat.
    (iii) More Than One Victim 
    If there are more than one victim, waiver of right of qisas by wali of one victim should not affect right of qisas of wali of other victim.
    (iv) More Than One Offender
    If there are more than one offenders, waiver of right of qisas against one offender should not affect right of qisas against other offenders.
    Compounding of Qisas
    Following cases can be mentioned as far as compounding of qisas is concerned;
    (i) An adult sane wali
    In case of qatl-i-amd, an adult sane wali can compound his right of qisas at any time on accepting badl-i-sulh. However, a female should not be given in marriage or otherwise in badl-isulh.
    (ii) Minor or Insane Wali
    When a wali is a minor or an insane, wali of such minor or insane wali can compound right of qisas on behalf of such minor or insane wali. However, value of badi-i-sulh should not be less than vale of Diyat.
    (iii) Government As Wali 
    When Government is wali, it can compound right of qisas. However, value of badi-i-sulh should not be less than value of diyat.
    (iv) Qisas and Diyat
    When badl-i-sulh has not been determined or is a property or a right value of which cannot be determined in terms of money under Shariah, right of qisas should be deemed to have been compounded and offender should be liable to diyat.
    (v) Payment of Badl-i-Sulh
    Badl-i-sulh can be paid or can be given on demand or can be given on a deferred date according to agreement between offender and wali.
    Conclusion
    To conclude, it can be stated that Holy Quran suggests that one should seek compensation and should not demand retribution. In addition to this, Holy Quran also specifies retaliation through principle of qisas. It reveals that Holy Quran not only explains concept of diyat, but also explains concept of qisas. 
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    Item Reviewed: Qisas in islamic criminal law and PPC Rating: 5 Reviewed By: Usman Ali
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