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QISAS IN PPC
(I) Introduction of Qisas:
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.
(II) Definition of Qisas:
Literally,
qisas means equal or balanced. 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.
(III) Waiver of Qisas:
Following
cases can be mentioned as far as waiver of qisas is concerned:
i. An Adult sane Wali:
In
case of qat-i-amd and 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 affect right of qisas against other offenders.
(IV) 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 and adult sane wali can compound his righty of qisas at any
time of accepting badl-i-sulh. However, a female should not be given in
marriage or otherwise in badl-i-sulh.
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
badl-i-sulh should not be less than value of diyat.
iii. Government as Wali:
When
Government is wali, it can compound right of qisas. However, value of
badl-i-sulh should not be less than value of diyat.
iv. Qisas and Diyat:
When
badl-i-sulh has not 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.
(V) 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 if qisas. It reveals that Holy Quran not only
explains concept of diyat but also explains concept of qisas.