Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis)
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 homic...
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| Format: | Article |
| Language: | Arabic |
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Bahauddin Zakariya University
2021-12-01
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| Series: | Pakistan Journal of Islamic Research |
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| Online Access: | http://pjir.bzu.edu.pk/website/journal/article/61cf0780bd2f7/page |
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| author | Annoda Ali Lutfullah Saqib Muhammad Islahuddin |
| author_facet | Annoda Ali Lutfullah Saqib Muhammad Islahuddin |
| author_sort | Annoda Ali |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-342478663b3e4a6a8cf4b1a14c8b2d18 |
| institution | OA Journals |
| issn | 2070-0326 2618-0820 |
| language | Arabic |
| publishDate | 2021-12-01 |
| publisher | Bahauddin Zakariya University |
| record_format | Article |
| series | Pakistan Journal of Islamic Research |
| spelling | doaj-art-342478663b3e4a6a8cf4b1a14c8b2d182025-08-20T02:18:58ZaraBahauddin Zakariya UniversityPakistan Journal of Islamic Research2070-03262618-08202021-12-0122211261cf0780bd2f7Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis)Annoda Ali0Lutfullah Saqib1Muhammad Islahuddin2University of Swat, Khyber Pakhtunkhwa.Associate Professor, Department of Law and Shariah, University of Swat, Khyber Pakhtun Khwa.Assistant Professor, Department of Law and Shariah, University of Swat, Khyber PakhtunKhwa.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.http://pjir.bzu.edu.pk/website/journal/article/61cf0780bd2f7/pageDiyyatQiṣāṣSharī‘ahPakistani LawLawPunishment. |
| spellingShingle | Annoda Ali Lutfullah Saqib Muhammad Islahuddin Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis) Pakistan Journal of Islamic Research Diyyat Qiṣāṣ Sharī‘ah Pakistani Law Law Punishment. |
| title | Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis) |
| title_full | Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis) |
| title_fullStr | Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis) |
| title_full_unstemmed | Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis) |
| title_short | Diyyat – Do the Pakistani Law and Sharī’ah (Islamic Law) have the Same Approach? (A Critical Comparative Lego Jurisprudential Analysis) |
| title_sort | diyyat do the pakistani law and shari ah islamic law have the same approach a critical comparative lego jurisprudential analysis |
| topic | Diyyat Qiṣāṣ Sharī‘ah Pakistani Law Law Punishment. |
| url | http://pjir.bzu.edu.pk/website/journal/article/61cf0780bd2f7/page |
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