Introduction
Preservation of life, religion, reason, lineage and property
square measure main objectives of Islamic Law. For preservation of life, Islam
has forbidden transgression against life. As murder may be a sort of
transgression against life, so Islam has additionally forbidden commission of
murder. To punish murderer and defend society from reoccurrence of this crime,
Islam has provided severe punishments.
Definition of Qatl
Qatl can be defined as causing death of a person by another
person.
Relevant Provisions
Sections 300, 301, 302, 303A, 303B, 304, 305, 306, 307, 308,
313, 314, 315, 316, 317, 318, 319, 320, 321, 322 of P.P.C. 1860.
Kinds of Qatl
Under Pakistan Penal Code, following different kinds of qatl
have been described
(i) Qatl-i-Amd
When a person intends to cause death or bodily injury to
another person, does an act, which in ordinary course of nature is likely to
cause death or which is done with knowledge that his act is so imminently
dangerous that it must in all probability cause death, and causes death of such
person, he/she commits qatl-i-amd.
Essential Ingredients of Qatl-e-Amd Under Section -300 of P.P.C
The essential ingredients of the definition of Qatl-i-Amd as
provided in the Pakistan Penal Code are as follows
v
Causing death of a human
being
v
Such death must be caused
by doing an act
v
With the intention of doing
bodily injury to that person
v
The act in the ordinary
course of nature is likely to cause death.
v
With the knowledge that the
act is so imminently dangerous that it must in all probability cause death
Illustrations
“A” shoots “Z” with the intention of killing him. “Z”
dies in Consequences “A” commits this offence.
Punishment Against Qatl-i-Amd
Followings punishments can be awarded against commission of
Qatl-i-Amd
(i) Death as Qisas
A person, who commits Qatl-i-amd, can be punished with death
as Qisas.
Qisas
Qisas means ‘to copy the other’ or ‘to follow the path
followed by other’ or ‘to act like the act of another’. The basic principle of
Qisas is similarity. If similarity of injury is not possible Qisas may not be
enforce. In Qatl-i-Amd the difference between punishment of Qisas and
punishment of death lies in the mode of execution of sentence.
(ii) Death or Imprisonment For life
The punishment of death or imprisonment for life as tazir
especially when proof against commission of such qatl is not available through
voluntary and true confession of convict before a court competent to try such qatl
according to Article 17 of Qanun-e-Shahadat.
(iii) Imprisonment, which can extend to twenty five years
When punishment of Qisas is not applicable against
commission of qatl-i-amd according to Injunctions of Islam, a person, who
commits qatl-i-amd, can be punishment with imprisonment, which can extend to
twenty-five years.
(ii) Qatl Shibh-i-Amd
When a person intends to cause harm to body or mind of any
person, and causes death of that person or death of any other person by means
of a weapon or an act which in ordinary course of nature is not likely to cause
death, he/she commits qatl-shibh-i-amd.
Explanation
A in order to cause hurt strikes Z with a stick which in
ordinary course of nature is not likely to cause death, Z dies as a result of
such hurt, A shall be guilty of Qatl-i-Shibh-i-Amd.
Essentials of Qatl-i-Shibh-i-Amad
Following are the Essentials of Qatl-i-Shibh-i-Amad.
v
Causing death of a human
being
v
Harm to the body or mind of
any person must be intended
v
Death may of a person who
is intended to be harmed or of any other person
v
Weapons may be used to
inflict such intended harm
v
Death may also be caused by
any other act which in the ordinary course of nature is not likely to cause
death
Punishment For Qatl-i-Shibh-i-Amd Under Section 316 of P.P.C
(a) Diyat and Imprisonment
A person, who commits qatl-i-Shibh-i-Amd, is liable to diyat
and can also be punished with imprisonment which may extend to twenty five year
as tazir.
(iii) Qatl-i-Khata
When a person does not intend to cause death of a person or
cause harm to a person, and causes death of such person either by mistake of
act or by mistake of fact, he/she commits qatl-i-Khata.
Explanations
v A shoots at a deer but misses the target and skills Z who is
standing by A is guilty of Qatal-i-Khata.
v A shoots at an object to be deer but it turns out to be a human
being A is guilty of Qatl-i-Khata
Essential ingredients of Qatl-i-Khata Under section 318 of P.P.C
In order to hold a person liable to Qatl-i-Khata following
essential must be shown
v
Death of a human being
caused
v
There was no intention
(i)
To cause death
(ii)
Nor any intention to cause
bodily harm
v
Death is caused either
(i)
By mistake of fact
(ii)
By mistake or act
Punishment of Qatl-i-Khata under section 319 of P.P.C
(i) Diyat and Imprisonment
A person who commits qatl-i-Khata, is liable to diyat.
(ii) Punishment for Qatl-i-Khata by Any Rash or negligent Act other than Rash or Negligent Driving
A person, who commits qatl-i-Khata by any rash or negligent
act, which is other than rash or negligent driving, he/she is not only liable
to diyat, but is also punished with imprisonment, which can extend to five
years as tazir.
(iii) Punishment by Rash or Negligent Driving
A person, who commits qatl-i-Khata by rash or negligent
driving is not only liable to diyat, but
is also punished with imprisonment, which can extend to ten years.
Qatl-i-Bis-Sabab
When a person does not intend to cause death of another
person or cause harm to another person, and does any unlawful act, which
becomes a cause of death of this another person.
Essentials ingredients of Qatl-i-Bis-Sabab
Following are ingredients
v
The death of a human being
is caused
v
There was no intention
(i)
To cause death, or
(ii)
Cause bodily harm to the
deceased
v
An unlawful act is done by
the offender
v
Such unlawful act becomes
the cause of death of the deceased
Punishment for Qatl-i-bis-sabab under section 322 P.P.C
Section 322 provides that whoever commits Qatl-i-Bis-Sabab
shall be liable to Diyat only.
Conclusion
To conclude, it can be stated that one of basic aims of
Islamic law is to preserve human life. To curb offences like qatl against human
life. Islam has provided retributive and compensatory punishments. Through such
punishments, offenders of qatl are not only punished, but reoccurrence of such
offence is also checked.
0 comments:
Post a Comment