Implementation of Islamized Law of Murder in Pakistan and Social Concerns on Acquittal of Murderers on the Basis of Islamic Concepts of ‘afw’ and ‘sulh’

  • Ishfaq Ahmad Islamabad based lawyer, Doctoral Candidate, Department of Law, International Islamic University, Islamabad
  • Dr. Ataullah Khan Mahmood Assistant Professor Law Faculty of Shariah & Law International Islamic University, Islamabad
Keywords : afw, badl-i sulh, diyat, fasad-fil-arz, qatl-i-amd, qisas and sulh

Abstract

The offence of murder was made compoundable under the process of Islamization of laws in Pakistan but the Islamized law of murder, i.e. qatl, has been criticised since its promulgation. This paper analysis the provisions of law and case law development relating to three ways of compromise in cases of qatl including (i) afw, i.e. waiver of right of qisas under section 309 of the Pakistan Penal Code, 1860 (PPC), (ii) sulh, i.e. compounding right of qisas against badl-i-sulh under section 310 PPC and (iii) compounding offence of qatl-i-amd under section 345 of the Code of Criminal Procedure Code, 1898 (Cr.PC) read with section 338-E PPC. It further explains that when courts despite compromise between parties convicted and punished culprits. The paper criticises the law for injustice under the garb of compromise and analyses some latest case laws wherein Pakistan judiciary despite heinous and gruesome nature of offences of murder accepted compromise and invited public rage. Lastly, in order to address social concerns the paper suggests that through amendments into the law of qatl mandatory punishment should be supplied for the offence of qatl-i-amd regardless of the fact that compromise between parties is affected by way of afw, sulh or composition.

Published
2020-11-02
How to Cite
AHMAD, Ishfaq; MAHMOOD, Dr. Ataullah Khan. Implementation of Islamized Law of Murder in Pakistan and Social Concerns on Acquittal of Murderers on the Basis of Islamic Concepts of ‘afw’ and ‘sulh’. Journal of Religious Studies, [S.l.], v. 4, n. 01, p. 68-82, nov. 2020. ISSN 2663-0206. Available at: <http://jrs.uoch.edu.pk/index.php/journal3/article/view/242>. Date accessed: 23 nov. 2020. doi: https://doi.org/10.33195/journal.v4i01.242.