Diyat and Qisas
Discuss Diyat & Qisas. Explain its kinds and punishments under PPC.
Introduction
Under hudood law, certain kinds of punishments have been described in Islamic injunctions. Diyat is a financial pressure that is imposed on an offender against his offense in which the offender has to pay an amount to the victim or his heir against his loss. Qisas is such punishment in which the offender is given the same injury as he has caused to the victim or the offender is given death punishment if the offender has committed qatl-e-Amd by his heirs. There is very little difference between diyat and qisas, as Diyat is a compensatory punishment which is in the shape of money, and Qisas is a corporeal punishment that is based on revenge such as “an eye for an eye, finger for finger, and life for life, etc
Definition of Diyat
DIyat is financial compensation that is paid to the victim or heir of a victim in the cases of murder, bodily harm, or property damage.
Meaning of Qisas
Qisas is an Arabic term that means “to act like the act of another”
Definition of Qisas
Qisas is punished by causing similar hurt at the same part of the body of the offender as he has caused to the victim or by causing his death if he has committed qatl-i-amd in the exercise of the right of heirs of the victim.
Value of Diyat
The court will fix the value of diyat, keeping in view the injunctions of the Holy Quran and sunnah as well as keeping in view the financial position of offender and victim, which will not be less than the value of thirty thousand six hundred and thirty grams silver. An amount shall be revised by the federal government on the 1st July of the fiscal year.
Financial position of victim and offender
If the victim is very rich and the offender is very poor, there will be some leniency towards the amount of diyat. But the offender will be kept in prison because he is unable to pay the amount of diyat to the victim or his heirs.
Modes of payment of diyat
Under the Pakistan Penal Code, there are two different modes to pay the payment diyat to the victim or his heirs
- Lump-sum: Diyat can be paid lump-sum
- In installment: Diyat also can be paid in installments which can consist on the period of three years
Offenses for which diyat is awarded
Following are the offenses against which the punishment of diyat is awarded to offenders under hudood laws
- Qatl-e-Amd
- Qatl-e-Shiba-Amd
- Qatl-e-Bis-Sabab
- Qatl-e-Khata
- Qatl-e-Janin
If the convict fails to pay diyat
If a convict fails to pay diyat or any part of it within the specified period, he will be kept in prison until the amount of diyat is paid or the remaining part of it. He can be released on bail if he deposits security equivalent to the amount of diyat to the court
If the convict dies before payment of diyat
If the convict dies before the payment of diyat or the remaining part thereof, in this case, the remaining amount will be paid by the heirs of the victim
Offenses for which Qisas is awarded
Following are the offenses against which the punishment of Qisas is awarded to offenders under hudood laws
- Qatl-e-Amd
- Itlaf-e-Udw
- Itlaf-e-Salahiyat-Udw
- Shajjah-e-Mudihah
- Hurt to extort confession
- Execution of Qisas in Qatl-e-Amd
The following matters should be kept in mind while executing Qisas in Qatl-e-Amd.
- Qisas should be executed by the functionary government
- Qisas should be executed in the presence of the heirs of the victim
- If an heir is not present, Qisas should be executed in the presence of an authorized representative of the heir
- If the heir and his representative are not present even after being informed of the date, time, and place, in this case, an officer by court will execute the Qisas
- If the convict is a pregnant woman, the court will postpone Qisas for up to two years
Qatl-e-Amd not liable to Qisas
The punishment of Qisas cannot be imposed on the following four types of person
- Where the offender is a Minor
- Where the offender is insane
- Where the offender is the father of the victim
- Where the offender is the son of the victim
Confirmation of execution of qisas
Sentence or punishment of death by way of qisas against death of another person by offender shall not be executed unless and until the court of law confirms this sentence
Objectives of Punishment
Following are the objectives of the punishment
- The major objective of the punishment is the protection of the life of the offender
- The second objective of the punishment is the protection of the property of the people
- Another objective of the punishment is the protection of the state and country
- The theory of punishment aim is the maintenance of peace and equality
- Protection of the culture and morality
- The most important objective is the protection of the rights and liberties of the people
- The biggest aim of punishment is to disgrace the crimes and criminal activities
- To prevent the other members of the community from repeating of crimes
Conclusion
The measure of punishment varies from time to time according to the nature of the crime committed by the offender. Different kinds of crimes and punishments are available against all kinds of offenses. Pakistan's Penal code always follows the Holy Quran & Sunnah to give punishment for Hadd crimes and there is no discretion of the judge on Hadd punishment because these have been prescribed in Islam