Does a Compromise Blot out Both Guilt and Punishment? Analyzing Qiṣāṣ and Diyat Provisions of Criminal Law in Pakistan under the Injunctions of Islam
Islamic Studies, Vol. 59:1 (2020), pp. 1-16.
17 Pages Posted: 19 Jun 2020
Date Written: May 26, 2020
The proposition of whether pardoning a convicted person with or without blood-money would obliterate both his sentence and conviction or obliterate his sentence only without affecting the conviction has divided opinions of the Honourable judges of the Supreme Court of Pakistan. This work attempts to evaluate the interpretation and reasoning of the Honourable judges as per the cases decided so far by the Supreme Court on this issue. It explores the arguments that are missing in judicial interpretations rendered by the Honourable Supreme Court in addition to the views of Muslim jurists on this tricky issue and other issues akin thereto that might arise before the august court in the future. Its main finding is that under Islamic law pardoning a convict with or without compensation would only obliterate his sentence and not his conviction, as he will be permanently debarred from his share in inheritance from the deceased if he is one of his legal heirs.
Keywords: Islamic law, qiṣāṣ and diyat provisions, criminal law, Islamic injunctions
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