The verse has fewer letters, and is easy to pronounce. It is, therefore,clear that the directions contained in any judgment of the Federal Shariat Court regarding repugnancy of any law are binding upon the Federal and the Provincial Governments. The Qiyas are new cases or case law which may have already been decided by a higher judge. He should be put into mental hospital for treatment. The family also may seek to have a public execution of the offender or the family may seek to pardon the offender. In the original draft, Clause contained two sub-clauses, 1 and 2.
The Provincial Governments may also file appeals from the judgments of the competent Courts to the Sessions Court or to the High Court against the order of the Sessions Judge in exercise of his original jurisdiction. Thus, a true Muslim is a fundamentalist in the practice of that religion, but a true Muslim is not radical, because the Quran teaches tolerance and moderation in all things. There is saving of Life. As the society changes, so do the laws and codes. Then there is an exhortation in this sentence, as it points to a life reserved for the people, which they are oblivious of; it behoove them to take hold of it as it really belongs to them; it is as if someone tells you: Many times a tribe destroyed another just in retaliation of one man. Sections and A were also considered repugnant because they did not provide for composition and payment of Diyat.
The verse is ad-dressed to the believers. The Provincial Governments may also file appeals from the judgments of the competent Courts to the Sessions Court or to the High Court against the order of the Sessions Judge in exercise of his original jurisdiction.
This paper explores that idea and looks at other myths in an attempt to present Islamic Law from a non-biased view of Sharia Law. It will be recalled that while examining the essag Law of Evidence, this provision was the subject matter of a good deal of controversy and the Pakistan Law Commission has already made on it detailed observations in its report on the Law of Evidence.
OFFENCES AGAINST HUMAN BODY (ENFORCEMENT OF QISAS AND DIYAT) ORDINANCE, – PKLJC 10
Before the advent of Qisaw, and until this verse was revealed, the Arabs believed in requiting a murder with killing. Historically the Islamic Judge Qadi was a legal secretary appointed by the provincial governors. How is it that it allows to kill someone who intends to kill but has not killed yet, but forbids killing the man who intended to kill and killed? This practice grew and now is an acceptable solution to some qisas crimes.
Had the desired provisions of the proposed law been incorporated in the already existing relevant laws at their proper places by means of suitable amendments the object of Islamisation of laws would have been achieved in a much more convenient manner. Some disputes leading to murder directly affect only the accused and the family of the deceased, e.
Punishment can come in several forms and also may include ” Diya. Suppose there is there an ideal society we have mentioned earlier; still the overwhelming majority of nations come into this second less ideal category. The media often used the term “Islamic Fundamentalists” when referring to the accused in the case. If a person is put to such a duress that he is compelled to commit Qatl Amdwhich technically speaking does not amount to ikrah-i-tamthe person causing that kind of ikrah-i-naqis should get the same punishment as one causing ikrah-i-tam.
According to clausesubject to the provisions of this Ordinance, all offences thereunder may be waived or compounded and provisions of clauses 15 and 16 shall, mutatis mutandisapply to such waiver or composition; provided that offences under clause 76 causing hurt to extort property or to constrain to an illegal act; clause 77 causing hurt to extort confession or to compel restoration of property; 78 causing hurt to deter public servant from his duty; abortion of embriyo and abortion of pregnancy shall not be waived or compounded.
It is, therefore,clear that the directions contained in any judgment of the Federal Shariat Court regarding repugnancy of any law are binding upon the Federal and the Provincial Governments. In any case, it would be desirable to avoid likely conflict between the two proposed ordinances.
Law and Justice Commission of Pakistan
But actually there is no room for this supposition. These are a few of the fine points found in this verse. If on the other hand, it continued its downward slide, and remained ungrateful to Allah’s favours, then the law of retaliation would prevail – with possibility of remission even then. In fact the latter part of the connotation of the term ghair masum i. After all, many killings are done unjustly, and they do not lead to life, they are negation of life.
Some in the Western media have used the “New York City bombings” qosas a edsay to increase hate and prejudice. This really existing nature has equipped itself with powers and instruments to ward off harmful and destructive influences from itself, because it loves existence, and repels all things which could deprive it of life.
Contemporary Sharia Law is now in written form and is statutory in nature. The concepts and ideas found in the ijma are not found explicitly in the Quran or the teachings of the Prophet Sunna.
Thus in all cases oj in Clauses 12 and 13 the offender who esasy guilty of Qatle-Amd intentional murder will be immune from death penalty. Man has to accept this fact, if he has understanding. This clause is so obviously inexpedient that it does not require any detailed comments. It is absolutely necessary that the injunctions of Islam, as laid down in the Holy Quran and Sunnah, be esszy in the administration of criminal justice, like other walks of our life.
What happens to the debt if the offender dies and has not paid it? In the latter part thereof it is said, “but if any remission is made by his brother, wali or injured then grant any reasonable demand, and compensate him”. Now Qisas in this case will involve exposure of the same bone of the offender, to the same degree, without causing a fracture, in public.
The powers exercisable by the President and the Governors to grant pardon, reprieve and respite etc, seem to be essential and may be retained particularly with regard to cases wherein qizas miscarriage of justice has taken place.
If qisxs had accorded as much value if not more to religion as they give to civilization, they would have defended the religion to the same extent at least.