ENGLISH-11 Compatibility of The Islamized Law of Murder of Pakistan with Modern Jurisprudence

Authors

  • Ishfaq Ahmad (Islamabad based lawyer) Doctoral Candidate, Department of Law, International Islamic University, Islamabad.
  • Ataullah Khan Mahmood Assistant Professor Law, Faculty of Shariah & Law, International Islamic University, Islamabad

DOI:

https://doi.org/10.53575/E11.v4.01.121-129

Keywords:

Afw (forgiveness), aqilah (close men), badl-i sulh (compensation), diyat (blood money), fasad-fil-arz (mischief on the Earth), qasamah (oath taking), qatl-i-amd (pre-meditated murder), qisas (just retribution), sulh (composition) and tazkiyah-al-shahood (purgation of witnesses)

Abstract

The Islamized law of murder, known as the qisas and diyat law of Pakistan, has been under severe criticism since its enforcement. This paper discusses the main features of Islamized law of murder, i.e. qatli-amd, of Pakistan. The paper also encompasses the meaning of law under contemporary jurisprudence and theories of law. The paper further discusses the compatibility of the Islamized law with the latest jurisprudential developments in modern societies. In the end, the paper suggests some further modifications into the existing criminal law of Pakistan about heinous office of murder as Islamized in the year 1990 and amended many times, subsequently. Finally, it holds that Islamic law of qisas and diyat is compatible with the latest jurisprudence and standards of modern world; hence is, practically, viable.

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Published

2020-06-27

How to Cite

Ahmad, I., & Mahmood, A. K. . (2020). ENGLISH-11 Compatibility of The Islamized Law of Murder of Pakistan with Modern Jurisprudence. Al-Aijaz Research Journal of Islamic Studies & Humanities , 4(1), 121-129. https://doi.org/10.53575/E11.v4.01.121-129