Diyyat

Annoda Ali; Lutfullah Saqib

Article Details

Diyyat – Do the Pakistani Law and Sharī’ah Islamic Law have the Same Approach? A Critical Comparative Lego Jurisprudential Analysis

Authors:

Annoda Ali | Lutfullah Saqib

Publisher:

Islamic Research Centre, Bahauddin Zakariya University

Journal:

Pakistan Journal of Islamic Research Issue 22, pp.1-12

Document Type:

Article

Publication Date:

12/2021

Document Language:

English

Document ID (Org No.):

2001947111

pISSN:

2070-0326

Keywords:

Abstract:

 Regarding the concept of Diyyat (blood money), Islamic Law offers a comprehensive and extensive details; having sources from both Qur’ān and Sunnah. At the same time, the Holy Qur’ān and hadīth value the accepting of Diyyat rather than Qiṣāṣ (retaliation)- capital punishment for the offence of homicide. In reality, the present legal system of Pakistan, passing through different process, pursue the practice of Diyyat as present in the texts of classical fiqh (Islamic Law). Even so, there are provisions which are in compliance to Islamic Law while some others are not. The present work, predominantly, aims and contributes, at the first instance, to the concept of Diyyat in Islamic Legal system. It also purports for highlighting the gaps and flaws that are in the current legal system of Pakistan. Not only the flaws, the present research endeavor elaborates those rules that are in conformity with Islamic Law of Diyyat. The findings, herein, show that the concept of Diyyat in the penal legal system of Pakistan has, of course, similarities with the same concept in Sharī‘ah (Islamic Legal system) e.g. the compounding of right of Qiṣāṣ in lieu of Diyyat, waiver of Qiṣāṣ, the concept of walī, the payment of Diyyat, disbursement of Diyyat, value of Diyyat in terms of silver and etc. The penal law, undeniably, has some metamorphoses too such as; payment of Diyyat in installments during the span of five years, value of Diyyat just in terms of silver, muteness in case of women Diyyat etc. Islamic Law, however, is more superordinate while discussing the same. Additionally, to probe into the issue, the qualitative content analysis technique has been used.

Article Details

Diyyat – Do the Pakistani Law and Sharī’ah Islamic Law have the Same Approach? A Critical Comparative Lego Jurisprudential Analysis

Authors:

Annoda Ali | Lutfullah Saqib

Publisher:

Islamic Research Centre, Bahauddin Zakariya University

Journal:

Pakistan Journal of Islamic Research Issue 22, pp.1-12

Document Type:

Article

Publication Date:

12/2021

Document Language:

English

Document ID (Org No.):

2001947111

pISSN:

2070-0326

Qiṣāṣ

Sharī‘ah

Pakistani Law

Law

Punishment

Issues

Article Details

Diyyat – Do the Pakistani Law and Sharī’ah Islamic Law have the Same Approach? A Critical Comparative Lego Jurisprudential Analysis

Authors: Annoda Ali | Lutfullah Saqib

Publisher: Islamic Research Centre, Bahauddin Zakariya University

Journal: Pakistan Journal of Islamic Research Issue 22, pp.1-12

Document Type: Article

Publication Date: 12/2021

Document Language: English

Document ID (Org No.): 2001947111

pISSN: 2070-0326

Diyyat

Qiṣāṣ

Sharī‘ah

Pakistani Law

Law

Punishment

Issues

Authors:

Annoda Ali | Lutfullah Saqib

Publisher:

Islamic Research Centre, Bahauddin Zakariya University

Journal:

Pakistan Journal of Islamic Research Issue 22, pp.1-12

Document Type:

Article

Publication Date:

12/2021

Document Language:

English

Document ID (Org No.):

2001947111

pISSN:

2070-0326