Payment of Diyat in Pakistan: Exploring the Missing Islamic Spirit

Dr. Muhammad Asad; Dr. Barkat Ali; Hafiz Muhammad Usman Nawaz

doi:10.36902/sjesr-vol4-iss1-2021(418-423)

Dr. Muhammad Asad IPFP Fellow, HEC, Department of Law, The Islamia University of Bahawalpur
Dr. Barkat Ali Assistant Professor, Department of Law, The Islamia University of Bahawalpur
Hafiz Muhammad Usman Nawaz Assistant Professor, Department of Law, International Islamic University, Islamabad

DOI: https://doi.org/10.36902/sjesr-vol4-iss1-2021(418-423)

Keywords: Diyat, Pakistan Penal Code, Aqilah.

Abstract

Though the Islamic Republic of Pakistan (Pakistan) as established in 1947, adopted the then British oriented existing laws, it was confirmed that appropriate modification will be made in these laws. Therefore, among others, the criminal laws including Pakistan Penal Code, 1860 (PPC) have been amended particularly to bring its provisions in conformity with Islamic Injunctions. In this context, in addition to other matters of the offenses affecting human life, the provisions of Diyat have been inserted in PPC. However, the law of Diyat as introduced in PPC is not all-inclusive. On the aspect of responsibility regarding the payment of Diyat, in case of incapacity of the offender, the law of PPC as amended in Islamic context is somehow still incomplete. As such, this situation is affecting the rights of the parties. The present law of Diyat as provided in PPC, indeed, is lacking the important aspect ‘Aqilah’. The insertion of provisions of 'Aqilah' in the PPC, may make the law of Diyat in the true sense of Islamic Injunctions, and consequently, the currently arising issues of non-payment of Diyat money particularly in case of offender's poverty, maybe settled down, and it ultimately will contribute for upholding the Rule of Law in criminal administration justice system of Pakistan. This is a doctrinal and analytical based study that focuses on the relevant literature either directly or indirectly related to the research topic. It engages the investigative deliberation of both types of primary and secondary sources. Such a way of deliberating the currently prevailing situation will put our study toward a result-oriented conclusion with suitable suggestions on the topic at hand.