The Law of Qisas and Diyat: Juristic Foundations and Judicial Challenges in Pakistan قانونِ قصاص و دیت: فقہی اساس اور پاکستان میں عدالتی چیلنجز

الملخص

The law of Qisas and Diyat represents a significant component of Islamic criminal jurisprudence, founded upon the principles of justice, protection of human life, and the restoration of social order. While the institution of Qisas recognizes the right of the victim or the legal heirs, Islamic law also provides alternatives such as Diyat, waiver, and compromise, thereby incorporating elements of mercy, reconciliation, and social harmony. In Pakistan, these principles have been incorporated into the criminal justice system; however, their practical application has generated several legal, judicial, and administrative challenges. This study examines the jurisprudential foundations of the law of Qisas and Diyat and critically analyzes its implementation within Pakistan's legal and judicial framework. Particular attention is given to the judicial verification of waiver and compromise, especially where questions of coercion, duress, tribal or social pressure, and unequal power relations arise. The study further examines the role of the State and the courts in cases where the right of Qisas has been waived or compounded, with particular reference to the concepts of ta'zir and fasad-fil-arz. It also highlights the challenges associated with judicial discretion, delays in criminal proceedings, defective investigations, witness protection, and the use of modern forensic and scientific evidence. The study finds that the major challenges surrounding the law of Qisas and Diyat in Pakistan do not arise merely from its legal provisions or Islamic character, but from the complex interaction between classical jurisprudential principles, statutory legislation, judicial interpretation, administrative capacity, and contemporary social realities. It concludes that the effective administration of the law requires a balanced approach that preserves the rights of legal heirs while ensuring the State's responsibility to protect society and prevent impunity. Strengthening judicial scrutiny of compromise, improving investigative and forensic capacities, and developing clear standards for the application of fasad-fil-arz are essential for achieving justice in accordance with both Islamic principles and the requirements of a modern criminal justice system.