The Abuse of Islamic Concept of Qisas and Diyyat in ShahZeb Murder Case

By Akhtar Malik

shahrukh2023468119Shah Zeb was killed by son of a feudal lord / politician, Shah Rukh Jatoi in cold blood. The murderer was sentenced to death by an Anti Terrorist Court to death. The parents of the victim have forgiven the murderer reportedly under a deal. This event has jolted the whole nation who feels unsafe. There is fear that now any rich and influential murderer can go free after obtaining pardon from the family of victim, either on gun point or with the force of wealth.

People are slave of this system that has lost the ability to do justice, particularly to the poor and weak segments of society. According to Quran, ‘Diyyat’ is applicable to a murder by mistake. In that case the legal heirs of the killed person can receive blood money from the murderer and excuse him. But if it is a willful murder then it cannot be condoned by paying the money. In that case the principle of ‘Qisas’ will apply which means life for a life. it is high time that our legal experts should ponder over this serious issue. If the willful murders are allowed to be condoned it will open way for the powerful and rich people to kill others and go free, either through paying the money or through pressuring the family of the victim.

As a matter of fact a willful murder should be considered a crime against the state and not against the individual. this is the only way we can check the crimes. When Allah (SWT) commands that murder of one innocent person is equal to the murder of the whole humanity, then how 3,4 persons can condone the murderer of whole humanity after receiving some money? This system is not capable of dispensing justice to the poor and the weak in its present form. It protects the strong and penalizes the weak. It is totally unIslamic in its spirit.

Under Section 7 of Anti-terrorism law, criminals cannot be freed as heirs of the victim cannot forgive the killers and terrorists. The 2006 judgment of the PHC also set a precedent for all such cases. In a recent decision, PLD 2006 Peshawar 82, the PHC had denied benefits to a murderer of four persons despite the fact that the heirs of the deceased had compromised with the accused. The ruling says: “Where case of an offender falls under the expression ‘Fasad-fil-Arz’, he shall not be entitled to any grace and leniency…”

The sorry state of affairs is that a shameless murderer is being set free ‘in the name of Allah’ and ‘according to the principles of Shariah’. Allah has ordered that anyone who kills an innocent person in cold blood, it is the duty of Muslims to enforce ‘Qisas’ ie life for life, and there is life for you in Qisas if you think deeply. Note that taking life of a willful murderer is ‘Farz’ on Muslims, it cannot be left at the discretion of people. The reason is that if Qisas is not enforced then there will be ‘Fasad’ on earth.  No authority can dare to contradict with the explicit command of Allah on any pretext. Our Islamic scholars and legal experts should sit together and take a review of this situation, so that peace and justice can prevail on earth.

Advertisements

2 thoughts on “The Abuse of Islamic Concept of Qisas and Diyyat in ShahZeb Murder Case

  1. mayoos khan of peshawar

    The Qur’an specifies the principle of Qisas (i.e. retaliation), but prescribes that one should seek compensation (Diyya) and not demand retribution.
    We have prescribed for thee therein ‘a life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds retaliation;’ but whoso remits it, it is an expiation for him, but he whoso will not judge by what God has revealed, these be the unjust.[1]

    Bhaijan … Angrez ke qanoon ke mutabiq murder is crime against state and the legal heirs cannot pardon the killer.. agar Shariah Law na hota to PPC aor tazerat e pak ke tehet Shahzeb ke qatilon ko koi taqat phansi ke phandy se nahi bacha sakti thi… kia samjhy

    Reply
    1. akhterhayatmalik Post author

      Dear Mayoos Khan, I acknowledge your concern for non availability of justice to the victims. But I disagree with you that this is because of Sharia Law. I say this is because there is no Sharia Law in Pakistan, rather the name and teachings of Islam are being misused here. If the murderers could be set free due to Sharia then the murderers would not have been punished in countries like Saudi Arabia, Iran etc. Actually English law is also not very effective as many killers are acquitted due to lengthy procedures and other bugs. We all should try our best that our rulers should amend the laws to provide fair justice to people in the light of real teachings of Islam.

      Reply

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s