An Analysis of Qisas and Diyat Laws, Inadequately Encompassed the Islamic Gist as Fused in Judicial System of Pakistan

Abstract

The Qisas and Diyat is product of Islamic jurisprudence. The laws in Pakistan with distinct applicability of conceptual approach of Qisas and Diyat laws in trails are inadequately address the purposes of criminal justice along with consequences of vast judicial dircretion in Qisas and Diyat cases will not serving the purpose of administering justice. The Holy Quran hasn’t provided dictionary definition of justice, but it establishes conceptual approach to the principle of equilibrium, parity, righteous, proper assessing, veracity, individual capacity and progress and the accepted mandate. The key form of justice is the egalitarianism of human personalities being valued as Human beings, evidently indicated in the Holy injunctions of and even stressed in the last Holy Sermon of (PBUH). The Qisas and Diyat is product of Islamic jurisprudence. The laws in Pakistan with distinct applicability of conceptual approach of Qisas and Diyat laws in trails are inadequately addressed the purposes of criminal justice along with consequences of vast judicial discretion in Qisas and Diyat cases will not serve the purpose of administering justice. The Holy Quran hasn’t provided a dictionary definition of justice, but it establishes a conceptual approach to the principle of equilibrium, parity, righteousness, proper assessing, veracity, individual capacity and progress and the accepted mandate. The key form of justice is the egalitarianism of human personalities being valued as Human beings, evidently indicated in the Holy injunctions of and even stressed in the last Holy Sermon of (PBUH). The Qisas and Diyat laws, as pooled in Pakistan Penal Code, 1860, have not been argued and debated adequately and hence contain imperfections, tend to bring imbalance and introduce crimes like violence against women, vani, swara etc. The aim of the analysis is to address the shortcomings and loopholes prevailing in the criminal justice system by advancing solutions and concept clarity related to the institution of aqilah.