Death Penalty in Pakistan in nexus with International Human Rights Laws and Sharia’h

Abstract

In the instant study, we focus to point out Islamic perspective in relation to international human rights laws pertaining to death penalty in the context of Pakistan. We have discussed the perspective certain jurists who claim qisas is an alternative prayer, and it can be abolished. However, the study maintains that Islamic injunctions support, and recommend for capital punishment for certain offences, while diyatis an alternative penalty. Further, we have deliberated death penalty in the light of human rights conventions with special focus on Article 6 of the International Covenant of Civil and Political Rights (ICCPR), 1966. The debate also surrounds abolitionists or retentionists views with special reference to Pakistan. It concludes that immediate abolishment of death penalty may not be possible in Pakistan. Nevertheless, as a first step, it needs to re-interpret the phrase “most serious crimes” envisaged under Article 6 of ICCPR in its true letter and spirit, or to exercise de facto abolishment of it until its crippled criminal justice system ensures international fair trial standards. As internal peace and security situation improves in Pakistan, so it may enforce de-jure halt.