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

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ID: 310964
2021
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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.
Reference Key
imported_1769979883_697fbfebb58e4 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Lutfullah Saqib
Journal Pakistan Journal of Islamic Research
Year 2021
DOI
DOI not found
URL
https://pjir.bzu.edu.pk/index.php/pjir/article/view/119
Keywords Keywords not found

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