Qisas And Diyat
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Q. Define and Q. Define Diyat. How is it valued and paid and how is it disbursed.(2003)(2003Annual)(2002)(1999Annual)(199 4)
Q. Define and distinguish between Qasis and Diyat.(1999)(1999 Annual)
Every crime involves either Haqooq Allah or Haqooq-ul-ilbad or both. The offences relating Qisas and diyat are offences against individuals affecting human body and are haqooq-al-ilbad. The Holy Quran therefore gives right to victim or his wail to exact Qisas or claim Diyat. Chapter XVI of P.P.C relates to offences, which describes punishment of Qasis and Diyat.
2. Relevant Provisions:
Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 299, 302, 304, 306, 307, 334, 336, 337-A, for Qasis
Section 299(e), 302, 316, 319, 320, 322, 323, 330, 331, for Diyat.
3. Relevant Ayats Of Holy Quran:
Following are the relevant Ayast of Holy Quran regarding the topic of Qisas and Diyat.
(i) Surah Albaqareh Ayats 178, 179, and 194.
(ii) Surch Al-nsiah Ayast 29, 92, and 93
(iii) Surah Almaidah Ayats 32, 33, and 45
(iv) Surah Alinam Ayat 151
(v) Surah Alfurqan Ayat 68
(vi) Surah Bani Isreal Ayats 31 and 32
(I) Meaning Of Qisas:
(i) Literal Meaning:
The term Qasis is literally derived from “Al-Qasas” which means to follow in some ones foot-steps.
(ii) Legal Mening:
Qasis signifies or means to shed blood in repetition or retribution. It is to award an equitable punishment to the offender for an intentional crime of homicide or for severing any organ of the body or injuring it.
(iii) Meaning U/sec 279(k):
“Qasis means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl-i-amd in exercise of the right of the victim or a wali.”
(II) Basic Principal Of Qasis:
The basic principal of qasis is similarity. If similarity of injury is not possible qasis may not be enforced.
(III)Right Of Qasis:
Qasis is the right of wali of victim or the victim and is executed by the state.
According to Sec. 305:
In case of qatl, the wali shall be
- The heirs of the victim, according to the personal law, and
- The Government if there is no heir.
(IV) Qasis As Punishment For Different Offences Under P.P.C:
Following offences, punishment of qasis is provided under P.P.C
Whoever commits qatl-i-Amd shall be punished with death as qasis u/sec 302 if proof in either of the forms mentioned in sec. 304 is available viz.
- Confession by an accused
- By evidence as provided in Article 17 of Q.S.O, 1984.
(i) Qatl-i-Amd Not Liable to Qasis:
Qatl-i-Amd shall not be liable to Qasis in the following cases.
- When an offender is minor or insane
- When an offender causes death of his child or grandchild how low so ever.
- When any wali of the victim is a direct descendant how low so ever of the offender.
(ii) Cases Where Qasis for Qatl-i-Amd not Enforced U/Sec 307:
Qasis for Qatl-i-Amd shall not be enforced in the following cases.
- When the offence dies before the enforcement of qasis.
- When any wali voluntarily and without duress waives or compound the right of Qasis u/sec 309 and 310 respectively.
- When the right of Qisas devolves on the offender as a result or the death of the wali of the victim or on the person who has no right of qisas against the offender.
B. Hurt Cases:
Qisas shall also be enforced in some hurt cases, and the principle of enforcement and evidence will be same as it is in qatl cases.
In hurt cases, Qisas shall be enforced under following provisions of P.P.C.
(V) Theory Of Qisas:
The basic theory of Qisas is retributive i-e an eys for an eys. a tooth for a tooth etc.
(i) Legal Meaning:
“ Diyat means the compensation granted to the heirs of the victim by the offender.”
(ii) Meaning U/sec 299(e):
“Diyat means the compensation specified in section 323 payable to the heirs of the victim.”
(II) Basic Principal Of Diyat:
Diyat is a compensation for human life. In the definition u/sec 323 the words “heirs of victim” have been used and not the words “ the victim or his heirs”. This means that Diyat is a compensation payable only in cases of Qatl, and not in cases of hurt.
(III) Right Of Diyat:
Diyat is a right of the wali of the victim and executed by the state.
(IV) Diyat As Punishment For Different Offences Under P.P.C:
For following offences, punishment of Diyat in the following cases.
- Where offender guilty of Qatl-i-Amd is not liable to Qisas , or
- Where Qisas is not enforceable, or
- Where one of the several Walis does not Waive right of Qisas and in such case would be entitled to his share of Diyat.(NLR 1993 criminal 203)
(ii)Qatl Shibh Amd:
Qatl Shib-Amd is liable to the payment of diyat u/sec 316.
Qatl-i-Khata is also liable to the payment of diyat u/sec 319 and 320.
Qatl-bis-Sabab is also liable to the payment of diyat u/sec 322.
(v) Theory Of Diyat:
The basic theory of Diyat is the compensation and provide relief to the heirs of the victim.
(VI) Value Of Diyat U/Sec 323:
The value of diyat shall be fix by the court, keeping in view the following points.
i. Injunctions of Islam as laid down in Holy Quran and Sunnah. The value is not fixed in the Holy Quran and it is not static. It is said that Hazrat Umer Farooq (R.A) enhanced the value of Diyat fixed during the lifetime of Holy Prophet (P.B.U.H)
ii. Financial position of the convict, and
iii. Financial Position of the victim.
A. Limit of Diyat Money:
The diyat money money fixed by the court , shall not be less than the value of the thirty thousand, six hundred and thirty grams, of silver.
1999 MLD 2271
It was held that court can enhance amount of Diyat, but can not reduce the value fixed in accordance with the holy Quran and Sunnah.
Value of Silver:
The federal Govt, shall by notification in the official Gazette declare the value of silver on the first of July each year or on such date as it may deem fit , which shall be the value payable during a financial years.
(VII)Disbursement Of Diyat U/Sec 330:
The diyat shall be disbursed among the heirs of the victim according to their respective shares in inheritance
(i)Where Any Heir Forgoes his Share:
Where any heir of the victim forgoes his share, the diyat shall not be recovered to the extent of his share.
(VIII) Payment Of Diyat U/sec 331:
(i)Mode of Payment:
a. In lumpsum, or
b. In installments spread over a period of three years from the date of the final judgment.
(ii)Failure to Pay Diyat by Convict:
Where a convict fails to pay diyat or any part thereof within the period of three years.
He may be kept in jail to serve simple imprisonment until the diyat is paid full, or
May be released bail if he furnishes security equivalent to the amount of diyat, to the satisfaction of the court.
- Period of Imprisonment in Case of Default:
Neither the provision of sec. 331P.P.C provide any definite period of imprisonment for default in payment of diyat, nor the court has the powers to fix such period. Matter was there fore, referred to the law-making authority to consider this aspect.(1998 PC r LJ 1781)
6. Difference Between Qisas And Diyat:
Punishment of Qisas is based on the principal of retaliation.
Punishment of Diyat is based on the principle of compensation.
Punishment of Qisas is applicable on cases of Qatl and hurt.
Punishment of Diyat is applicable only in cases of Qatl.
(III) As To Demand:
Qisas is the right of the victim or the wali of the victim and may be demanded by either of them.
Diyat is the right of the wali of the victim and it may be demanded by them alone.
(IV)Effect Of Waiver Of Right:
When any wali of the victim waives his right of qisas, it shall not be enforced against convict.
Waiving of right of diyat by any of the wali of the victim does not affect the right of others.
(V) Applicability On Different Kinds Of Qatl:
Qisas is applicable only to the Qalt-i-Amd.
Diyat is applicable on Qatl-i-amd, Qatl-Shibh-amd, Qatal Khata, Qatal-bis-Sabab.
To conclude, I can say, that the offences relating to Qisas and Diyat are offences relating to Haqooq-ul-Ibad. Qisas and Diyat will be the right of wali of the victim and are executed by the state.
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