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Topic: Qisas

In the News (Thu 24 Dec 09)

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	gugurqisas.html
		Setelah hukuman qisas itu digugurkan daripada penjenayah yang telah mati, timbul persoalan sama ada wajib atau tidak hukuman diyat diambil daripada harta pembunuh yang telah mati itu.
		Kecuali Imam Malik yang berpendapat bahawa hak tuntutan qisas tidak gugur kecuali jika penjenayah itu sendiri bersetuju membayar diyat jika pengampunan daripada hukuman qisas itu ditukar dengan bayaran diyat.
		qisas adalah hak bagi waris mangsa jenayah, maka sesiapa sahaja yang mempunyai hak boleh menguruskan haknya mengikut kehendaknya, seperti mana wali mempunyak hak untuk menggugurkan hukuman qisas tanpa diganti dengan hukuman lain seperti dalam kes pengampunan.
	www.geocities.com /kmbedu/gugurqisas.html (2844 words)

	Women's Commission Recommends Qisas Law Be Amended
		The participants also agreed that offences under the Qisas and Diyat laws were directed against the legal order of the state, because the state is responsible for the lives and property of its people.
		They suggested that no offence under Qisas and Diyat be compounded until and unless the trial is completed, after which the legal heirs of the victim might demand Qisas or compound the offence.
		Ms Hashmi, highlighting salient features of her research, spoke about the impact of loopholes in the Qisas and Diyat Ordinance (Act II of 1997) and leniency of the judiciary in dealing with such social evils, citing provisions of the prevalent laws in the light of the Quran and Sunnah.
	www.peacewomen.org /news/Pakistan/April04/qisas.html (916 words)

	Al-Muhajabah's Islamic Blogs Archives: March 19, 2005
		Qisas crime is simple retribution: if one commits a crime, he knows what the punishment will be.
		Qisas law combines the process of criminal and civil hearings into one, just as the "civil law" is applied in many nations of the world.
		Qisas crimes are compensated as restitution under common law and civil law...
	www.muhajabah.com /islamicblog/archives/2005/03/19.php (1822 words)

	Criminal Law
		Hudud and qisas have almost the same meaning whereby both are the punishment prescribed by Allah subhanahu Wataala and as an obligation to be implemented by Muslim relers.
		Unlike qisas, which, even though it is determined by Allah Subhanahu Wata’ala and its implementation is an obligation, it remains the right of human beings whereby the final decision on its executive rests with the one seeker the punishment of qisas punishment is unvalidated.
		Qisas can be replaced by compensation which is called diat for as long as both parties agree, especially the party seeking retribution, with the approval of the court.
	www.brudirect.com /criminal/part2.htm (1071 words)

	Pakistan: Legal changes affecting application of the death penalty
		The preamble to the Qisas and Diyat Ordinance explains that it is intended "to amend the Pakistan Penal Code (XLV of 1860), and the Code of Criminal Procedure, 1898 (Act V of 1898), to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah".
		Before amendments in the Qisas and Diyat Ordinance, death sentences could be commuted under the PPC and the CCP by the President, federal government or the relevant provincial government without the consent of the offender.
		The Qisas and Diyat Ordinance specifies that when the death sentence has been imposed as a qisas punishment, it must be carried out "by a functionary of the Government by causing death of the convict as the court may direct".
	www.amnestyusa.org /countries/pakistan/document.do?id=8E35C7C1C80F0C1F802569A600600BB4 (3491 words)

	CRIMINAL LAW FROM AN ISLAMIC PERSPECTIVE
		In the book Tafsir Al-Qurthubi, qisas is also explained as "to follow the tract or mark", and it comes therefore to mean that the treatment of the offender should be the same as his offence.
		Hudud and qisas have almost the same meaning whereby both are the punishments prescribed by Allah Subhanahu wa Ta‘ala and as an obligation to be implemented by Muslim rulers.
		Unlike qisas, which, even though it is determined by Allah Subhanahu wa Ta‘ala and its implementation is an obligation, it remains the right of human beings whereby the final decision on its execution rests with the one seeking the punishment of qisas.
	www.brunet.bn /gov/mufti/alhadaf/jun99/h_lawjun.htm (1111 words)

	Qisas, Diyat must come after trial: experts -DAWN - National; 31 March, 2004
		This consensus was reached at the three-day consultations on "The Concept of Justice in Islam in Reference to Qisas & Diyat Ordinance (Act II of 1997)" organised by the National Commission on the Status of Women (NCSW) from March 25 to 27 here.
		It was unanimously spelled out on the occasion that the offences under Qisas and Diyat were directed against the legal order of the state as the state was responsible for the life and property of its people.
		Since it's the responsibility of the state to provide justice and protection to its people, specially to the oppressed sections of the society, even in cases where the offence is being compounded, compensation should be made mandatory for the women/families and the accused must be punished under Tazeer.
	www.dawn.com /2004/03/31/nat17.htm (489 words)

	Islam has no room for Vani, Swara: Meeting on Qisas, Diyat laws -DAWN - National; 30 January, 2004
		This was the unanimous observation by participants of a three-day consultative meeting to discuss the concept of Justice in Islam with reference to the Qisas and Diyat Ordinance that began here on Thursday under the auspices of the National Commission on Status of Women.
		The participants also observed that the State must take strict measures to check such crimes and stop the application and misuse of the laws of Qisas and Diyat, and other offences must be made non-compoundable and the offenders be given exemplary punishments to provide deterrence to the potential perpetrators.
		Since it is the responsibility of the State to provide justice and protect especially the oppressed section of the society, even in cases where the offence is being compounded, the compensation should be made mandatory for the women/families and the accused must be punished under Taazeer.
	www.dawn.com /2004/01/30/nat17.htm (589 words)

	Qisas & Diyat ordinance
		It means compensation specified in the chapter XVI of Qisas and Diyat Ordinance to be paid by the offender to the victim or his heirs.
		Whoever with the intent to cause harm to the body or mind of any person causes the death of that or of any other person by means of a weapon or act which in the ordinary course of nature is not likely to cause death is said to commit qatl shibh-I-amd.
		Whoever causes hurt not covered by sub-section shall be punished with imprisonment of either description for a term which may extend to two years or with daman or with both.
	emed3.tripod.com /teaching5.htm (740 words)

	An Enlightening Commentary into the Light of The Holy Qur'an
		Retaliation (Qisas) if prescribed for you in the matter of the (unlawfully) murdered: the freeman for the freeman, the slave for the slave, the female for the female.
		In other words, the purpose of the lack of retaliation (Qisas) of a ‘man’ for the slaughter of a 'woman' is retaliation without any condition; but his killing is permissible, of course, when half of the blood-price is paid.
		No explanation is necessary here that the payment of the aforementioned sum for the execution of the punishment under the law of retaliation does not mean that a woman, from the point of philanthropy, is lower than a man or a female is less dear than a male.
	www.al-islam.org /enlighteningv4/16.htm (2081 words)

	Pakiatan Penal Code
		the right of qisas shall devolve on her son B who is also the son of the offender A. B cannot claim qisas against his father.
		Provided that, where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years.
		(1) Qisas shall be executed In public by an authorized medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed hurt caused by him to the victim.
	www.angelfire.com /mn/sindhpolice/ppc301350.html (6385 words)

	Govt urged to check misuse of Qisas law -DAWN - National; 01 February, 2004
		Since it was the responsibility of the state to provide justice and protection especially to the oppressed section of society, even in cases where the offence was being compounded, the compensation should be made mandatory to the women or their families and the accused must be punished.
		The speakers strongly suggested: "No offence under Qisas and Diyat be allowed to compound until and unless trials are completed." After this, legal heirs of victim may demand Qisas or want the offence compounded.
		It was also unanimously spelled out that the offence under Qisas and Diyat are against the legal order as the state was responsible for the protection of the lives and property of its people.
	www.dawn.com /2004/02/01/nat17.htm (535 words)

	PESHAWAR: Enforcement of Qisas, Diyat laws questioned -DAWN - Local; 13 February, 2004
		PESHAWAR, Feb 12: The way Qisas and Diyat laws were interpreted, enacted and enforced in Pakistan subverted the rights and status of women enshrined in the Islamic injunctions, participants of a three-day-long consultation meeting said.
		The consultative meeting on the "Concept of Justice in Islam versus Qisas and Diyat Ordinance" was arranged by the National Commission on the Status of Women.
		Stressing the need to review provisions of the Qisas and Diyat Ordinance affecting the status and the women's rights in the light of Islamic jurisprudence, she said that it was necessary to eliminate the widespread discrimination against women.
	dawn.com /2004/02/13/local32.htm (482 words)

	CRIMINAL LAW
		In the last issue, we have discussed the punishment of qisas, evidences from al-Qur’an and hadis regarding the implementation of qisas and several examples of offences punishable by qisas.
		If the family of the slained is unwilling to practice the qisas punishment, yet has asked for compensation (diat) in lieu of qisas, and this request is agreed to by the other party, then in this case, the diat is based on what is determined by shara’.
		Acting an alternative to qisas, diat is a a kind of social assurance exercised by Islam in providing protection to the public in matters concerning compensation.
	www.brunet.bn /gov/mufti/alhadaf/sept99/h_claw.htm (1259 words)

	Pakistan: Executions under the Qisas and Diyat Ordinance
		The Qisas and Diyat Ordinance redefines the offences of murder and bodily hurt and their punishment in Islamic terms and replaces or amends the relevant sections of the Pakistan Penal Code (sections 299 to 338) and the Code of Criminal Procedure.
		In most cases where the death penalty cannot be imposed as a qisas punishment for murder, the prisoner becomes liable to pay diyat (compensation) to the heirs of the victim, and may also be sentenced to imprisonment.
		The Qisas and Diyat Ordinance specifies that when a death sentence has been imposed as qisas, it must be carried out "by a functionary of the Government by causing death of the convict as the court may direct".
	www.amnestyusa.org /countries/pakistan/document.do?id=3FD40B492B814350802569A50071519A (3113 words)

	Islamic Law: Myths and Realities (by Dennis J. Wiechman, Jerry D. Kendall & Mohammad K. Azarian) - Media Monitors ...
		Qisas crimes are based upon the criminological assumption of retribution.
		The concept of retribution was found in the first statutory "Code of Hammurabi" and in the Law of Moses in the form of "an eye for an eye." Muslims add to that saying "but it is better to forgive." Contemporary common law today still is filled with the assumptions of retribution.
		Another concept of Qisas crimes is the area of punishment.
	www.mediamonitors.net /wiechmankendall&azarian1.html (4288 words)

	Heirs pardon killer father under Qisas law (Site not responding. Last check: 2007-10-14)
		Zakir Hussain Shah, a resident of Bara Kau locality who had murdered his daughter last month, will be absolved of the charge as his wife and son in their capacity as legal heirs of the deceased have agreed to pardon him under the Qisas and Diyat law.
		The Qisas and Diyat law, which was enforced in 1990 on the insistence of the then chief justice Mohammad Afzal Zullah, is being massively abused.
		The main argument for the enforcement of the Qisas law was that it would have deterrence effects on society and the homicide would decrease.
	www.hvk.org /articles/0802/32.html (502 words)

	Pakistan Link Headlines
		Continuing her briefing on the laws, Majida maintained that Islam is the religion of Pakistan as during the course of Islamisation process, the Qisas and Diyat, based on the punishment provided under the Islamic laws (Shariah) was promulgated initially in the year 1990.
		By virtue of this law, Qisas is defined as the punishment by causing similar hurt at the same part of the body of the convict as has caused to the victim or by causing offender's death, in the case of his or her committing murder.
		In the end, the Chairman asserted that the law of Qisas and Diyat is the reflection of justice in Islam but unfortunately it has been interpreted, enacted and enforced in Pakistan in a manner that is subversive to the rights and status of women as enshrined in the Islamic injunctions.
	www.pakistanlink.com /headlines/Dec03/17/07.html (653 words)

	Crime and Punishment (QasAmah, QisAs, HadUd)
		If a slave is killed, his heirs are not entitled to qisAs and indemnity; but since a slave is a piece of property, his owner must be compensated with his full value.
		QisAs literally means “tracking the footsteps of an enemy”; but technically, in Muslim law, it is retaliatory punishment, an eye for an eye.
		When the case was brought to Muhammad, he told her that “QisAs [retaliation] was a command prescribed in the Book of Allah.” She made urgent pleas and was allowed to go free after paying a money compensation to the victim’s next of kin (4151).
	www.bharatvani.org /books/uith/ch8.htm (2869 words)

	Islam Online - Fatwa (Site not responding. Last check: 2007-10-14)
		Given the gravity of this crime, Islam stipulates a severe punishment for he who commits the crime; that is retaliation by killing the murderer only.
		Qisas is a divine legislation revealed in the earlier Divine Books.
		Though Islam approves of and regulates the principle of Qisas, it stipulates that it should not be carried out in an excessive way.
	www.islamonline.net /fatwa/english/FatwaDisplay.asp?hFatwaID=17753 (614 words)

	State Press: Opinion - Pakistani 'Qisas' enforces Golden Rule (Site not responding. Last check: 2007-10-14)
		However, the grisly nature of the crime apparently touched a nerve in the judge, who invoked the ancient tradition of Qisas, the Islamic equivalent of the "eye for an eye" principle, which was reintroduced to secular law under the 1997 Anti-Terrorist Act.
		In the case of Pakistan's modern version of Qisas, Islam takes a bold stance against injustice, and it creates a valuable understanding that those who violate human rights will be held accountable and possibly be violated in the same way.
		Of course, Qisas shouldn't replace the rehabilitative aspect of the American justice system, which in most cases is appropriate, if not effective.
	studentmedia.vpsa.asu.edu /webarchives/2000/00spr/sp/sp000320/oped03.html (814 words)

	[No title] (Site not responding. Last check: 2007-10-14)
		Ishraqat amal : qisas qasirah / Ibtisam Shakush.
		(Qisas wa-riwayat 'Arabiyah ; 87) Modern Arabic novel.
		(Qisas wa-riwayat 'Arabiyah ; 85) Modern Arabic novel.
	www.lib.virginia.edu /area-studies/MiddleEast/Cairo/1999/l99-072 (295 words)

	Suicide Bombers
		First of all, I would like to mention that the law of Qisas does not mean that for one person, you are to kill one person whoever he/she may happen to be.
		The second thing that must be kept in mind is that claiming Qisas is no doubt the right of the family of the slain person but this right is to be exercised strictly under the authority of an organized rule.
		The law of Qisas relates to a situation that is internal to a Muslim state.
	www.understanding-islam.com /related/text.asp?type=question&qid=2383 (768 words)

	Religion
		"Qisas" literally means "pursuing, seeking or to return like for like".
		The basic rules of qisas are mentioned in the Qur'an.
		Qisas is primarily the right of the family of victim.
	www.pakistanlink.com /religion/97/re08-01-97.html (1250 words)

	Land of Jihad
		It was announced on the radio Shariath that todayat 5:00 PM Qisas will be taken in the football stadium.
		Within a week it wasdeclared that this officer is guilty and it was now up to the familyof the deceased student what should be the fate of the killer.According to the Islamic rule, they had three choices: forgive thekiller, Qisas or kill the killer.
		That's why when wereached the football stadium in the evening we saw the members of theIslamic court were telling the public about the law of Qisas and atthe same time encouraging the family of the student to forgive themurderer.
	www.wandea.org.pl /mujahid.htm (745 words)

	SHARIAH: THE WAY OF JUSTICE
		Similarly, the severe penalties for extra-marital sex, theft, libel and drinking, and the prescription of requital, or qisas for murder and physical injury, must be seen in the context of this overall scheme of life.
		They are expected to build up in the society a deep feeling of abhorrence for transgression against fellow human beings, and therefore against God - a transgression which, according to the Qur’an, is the root cause of all disorders and corruption in human life.
		Thus, under qisas punishment is avoidable without burdening the executive or judiciary with the dilemma of whether to exercise mercy.
	www.youngmuslims.ca /online_library/books/shariah_the_way_to_justice (5332 words)

	Islamic Punishments: A Complete Code For Law And Order (Site not responding. Last check: 2007-10-14)
		The first kind consists of those punishment whose conditions, quantity and numbers have been fixed by the Shari'ah and which are called the "Hudood and Qisas" Hence, if it was proved that some body has committed the crime, he be awarded the punishment which has been awarded by the Shari'ah for this crime.
		The crime in which an oppression is done on somebody's life such as a murder or an oppression in which a part of his body is lost or injured, if this crime is committed intentionally, then its punishment is the "Qisas".
		According to the Shari'ah, it is the right of the heirs of a person murdered to take the 'Qisas' of their murdered person.
	www.binoria.org /albineng/sept99/punishments.html (1699 words)

	DIYAH: A CONCEPTUAL FRAMEWORK (Site not responding. Last check: 2007-10-14)
		The doctrine of Qisas (retaliation) and its substitute Diyah are ordained in the holy Quran.
		The strict ruling for the homicide or bodily injury is the Qisas (retaliation) but if the victim’s family elect to eliminate the demand of Qisas and choose to substitute it with forgiveness or the monetary compensation.
		In case of homicide resemblance to intentional killing or homicide by mistake and indirect killing the doctrine of Qisas shall not be applied as compensation.
	islamic-finance.net /islamic-insurance/t-quantum/diyah.html (565 words)

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