Diyat - Qisas

Ikyan Shah … Advocate High Court … www.facebook.
com/ikyanshah
Diyat & Qisas
Introduction
● Under hudood law, certain kinds of punishments have been described in Islamic injunctions.
Diyat is a financial pressure that is imposed on an offender against his offense in which the
offender has to pay an amount to the victim or his heir against his loss. Qisas is such
punishment in which the offender is given the same injury as he has caused to the victim or
the offender is given death punishment if the offender has committed qatl-e-Amd by his
heirs. There is very little difference between diyat and qisas, as Diyat is a compensatory
punishment which is in the shape of money, and Qisas is a corporeal punishment that is
based on revenge such as “an eye for an eye, finger for finger, and life for life, etc
2) Definition of Diyat
● DIyat is financial compensation that is paid to the victim or heir of a victim in the
cases of murder, bodily harm, or property damage.
3) Meaning of Qisas
● Qisas is an Arabic term that means “to act like the act of another”
4) Definition of Qisas
● Qisas is punished by causing similar hurt at the same part of the body of the offender as he
has caused to the victim or by causing his death if he has committed qatl-i-amd in the
exercise of the right of heirs of the victim.
5) Value of Diyat
● The court will fix the value of diyat, keeping in view the injunctions of the Holy Quran and
sunnah as well as keeping in view the financial position of offender and victim, which will
not be less than the value of thirty thousand six hundred and thirty grams silver. An
amount shall be revised by the federal government on the 1st July of the fiscal year.
6) Financial position of victim and offender

● If the victim is very rich and the offender is very poor, there will be some leniency towards
the amount of diyat. But the offender will be kept in prison because he is unable to pay
the amount of diyat to the victim or his heirs.
7) Modes of payment of diyat

Under the Pakistan Penal Code, there are two different modes to pay the payment diyat to the
victim or his heirs
1) Lump-sum: Diyat can be paid lump-sum
Ikyan Shah … Advocate High Court … www.facebook.com/ikyanshah

2) In installment: Diyat also can be paid in installments which can consist on the
period of three years
8) Offenses for which diyat is awarded

Following are the offenses against which the punishment of diyat is awarded to offenders
under hudood laws
1) Qatl-e-Amd
2) Qatl-e-Shiba-Amd
3) Qatl-e-Bis-Sabab
4) Qatl-e-Khata
5) Qatl-e-Janin
9) If the convict fails to pay diyat

● If a convict fails to pay diyat or any part of it within the specified period, he will be kept in
prison until the amount of diyat is paid or the remaining part of it. He can be released on
bail if he deposits security equivalent to the amount of diyat to the court
10) If the convict dies before payment of diyat

● If the convict dies before the payment of diyat or the remaining part thereof, in this
case, the remaining amount will be paid by the heirs of the victim
11) Offenses for which Qisas is awarded

Following are the offenses against which the punishment of Qisas is awarded to offenders
under hudood laws
1. Qatl-e-Amd
2. Itlaf-e-Udw
3. Itlaf-e-Salahiyat-Udw
4. Shajjah-e-Mudihah
5. Hurt to extort confession
12) Execution of Qisas in Qatl-e-Amd

The following matters should be kept in mind while executing Qisas in Qatl-e-
Amd.
1) Qisas should be executed by the functionary government

2) Qisas should be executed in the presence of the heirs of the victim
3) If an heir is not present, Qisas should be executed in the presence of an authorized
representative of the heir

4) If the heir and his representative are not present even after being informed of the date,
time, and place, in this case, an officer by court will execute the Qisas
5) If the convict is a pregnant woman, the court will postpone Qisas for up to two years

13) Qatl-e-Amd not liable to Qisas
The punishment of Qisas cannot be imposed on the following four types of person
1) Where the offender is a Minor

2) Where the offender is insane
3) Where the offender is the father of the victim
4) Where the offender is the son of the victim
14) Confirmation of execution of qisas

● Sentence or punishment of death by way of qisas against death of another person by
offender shall not be executed unless and until the court of law confirms this sentence
15) Objectives of Punishment

Following are the objectives of the punishment
1) The major objective of the punishment is the protection of the life of offender
2) The second objective of the punishment is the protection of the property of the people
3) Another objective of the punishment is the protection of the state and country
4) The theory of punishment aim is the maintenance of peace and equality
5) Protection of the culture and morality
6) The most important objective is the protection of the rights and liberties of the people
7) The biggest aim of punishment is to disgrace the crimes and criminal activities
8) To prevent the other members of the community from repeating of crimes
16) Conclusion
● The measure of punishment varies from time to time according to the nature of the crime
committed by the offender. Different kinds of crimes and punishments are available against
all kinds of offenses. Pakistan's Penal code, always follows the Holy Quran & Sunnah to give
punishment for Hadd crimes and there is no discretion of the judge on Hadd punishment
because these have been prescribed in Islam

💰 Diyat: Definition: Diyat is a financial compensation paid to the victim or the heir of
the victim in cases of murder, bodily harm, or property damage.
⚖️Meaning of Qisas:
● Literal meaning: "to act like the act of another"

● Definition: Qisas is the punishment inflicted on the offender by causing similar
harm to the same part of their body or by causing their death if they have
committed qatl-e-amd (intentional murder) as the right of the victim's heir.
💲 Value of Diyat:
● The court determines the value of diyat based on the Holy Quran, Sunnah, and
the financial positions of the offender and the victim.
● The minimum value is set at thirty thousand six hundred and thirty grams of
silver.
● The federal government revises the amount on July 1st of each fiscal year.
💵 Modes of Payment of Diyat:
● Lump-sum: Diyat can be paid in a single payment.

● Installments: Diyat can be paid in installments over a period of three years.
🔍 Offences for which Diyat is Awarded:
● Qatl-e-Amd (intentional murder)

● Qatl-e-Shiba-Amd (murder caused by bodily injury)
● Qatl-e-Bis-Sabab (unintentional murder caused by an unlawful act)
● Qatl-e-Khata (unintentional murder caused by a mistake)
● Qatl-e-Janin (abortion resulting in the death of the fetus)
Punishment for Non-Payment of Diyat:
● If the convict fails to pay the diyat within the specified period, they will be kept
in prison until the amount is paid or a part of it.
● The convict can be released on bail by depositing security equal to the amount
of diyat to the court.
⚖️Offences for which Qisas is Awarded:
● Qatl-e-Amd (intentional murder)

● Itlaf-e-Udw (causing loss of an organ)
● Itlaf-e-Salahiyat-Udw (causing permanent impairment of an organ)
● Shajjah-e-Mudihah (wounding resulting in grievous hurt)
● Hurt to extort confession
⚖️Execution of Qisas in Qatl-e-Amd:
● Qisas should be executed by the functioning government.

● It should be carried out in the presence of the victim's heirs or their authorized
representative.
● If neither the heirs nor the representative are present, an officer appointed by
the court will execute the qisas.
● In the case of a pregnant convict, the court may postpone the qisas for up to
two years.
⚖️Exemptions from Qisas: Qisas cannot be imposed in the following cases:
● Offender is a minor
● Offender is insane
● Offender is the father or son of the victim
🔒 Confirmation of Execution of Qisas:
● The sentence of qisas (death punishment) shall not be executed until

confirmed by the court of law.
🧐 Objectives of Punishment:
● Protection of life from offenders

● Protection of property
● Protection of the state and country
● Maintenance of peace and equality
● Protection of culture and morality
● Protection of rights and liberties
● Disgracing crimes and criminals
● Prevention of repeated crimes in the community
📜 Conclusion: The punishment for crimes varies based on the nature of the offense
committed. Diyat serves as financial compensation, while qisas involves inflicting
similar harm on the offender. These punishments are guided by the Holy Quran,
Sunnah, and the principles of justice. The objective is to protect life and property
and maintain peace within society.

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Ikyan Shah … Advocate High Court … www.facebook.

6) Financial position of victim and offender

7) Modes of payment of diyat

1) Lump-sum: Diyat can be paid lump-sum

Ikyan Shah … Advocate High Court … www.facebook.com/ikyanshah

8) Offenses for which diyat is awarded

9) If the convict fails to pay diyat

10) If the convict dies before payment of diyat

11) Offenses for which Qisas is awarded

12) Execution of Qisas in Qatl-e-Amd

1) Qisas should be executed by the functionary government

Ikyan Shah … Advocate High Court … www.facebook.com/ikyanshah

Ikyan Shah … Advocate High Court … www.facebook.com/ikyanshah

1) Where the offender is a Minor

14) Confirmation of execution of qisas

15) Objectives of Punishment

Ikyan Shah … Advocate High Court … www.facebook.com/ikyanshah

● Literal meaning: "to act like the act of another"

💵 Modes of Payment of Diyat:

● Lump-sum: Diyat can be paid in a single payment.

🔍 Offences for which Diyat is Awarded:

● Qatl-e-Amd (intentional murder)

Punishment for Non-Payment of Diyat:

⚖️Offences for which Qisas is Awarded:

● Qatl-e-Amd (intentional murder)

Ikyan Shah … Advocate High Court … www.facebook.com/ikyanshah

⚖️Execution of Qisas in Qatl-e-Amd:

● Qisas should be executed by the functioning government.

⚖️Exemptions from Qisas: Qisas cannot be imposed in the following cases:

🔒 Confirmation of Execution of Qisas:

● The sentence of qisas (death punishment) shall not be executed until

● Protection of life from offenders

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