Islam does not say that such training should not be given, or that if given it would not be effective. Western writers often point to the inflexible nature of Islamic Law. They reject all notions of a mixture of religion and government. There is a good deal of difference of opinion on the right of heirs to waive or compound Qatle-Amd. Most Americans and others schooled in Common Law have great difficulty with that concept.
It also allows for much greater flexibility in how it punishes an offender. The Provincial Governments may also file appeals from the judgments of the competent Courts to the Sessions Court or to the High Court against the order of the Sessions Judge in exercise of his original jurisdiction. The only guiding principle for judges under Sharia Law is that they must answer to Allah and to the greater community of Muslims. The consumption of alcohol in Egypt is punished much differently than in Iran or Saudi Arabia because they have far different civil laws. Each nation is free to establish its own criminal code and there is a great disparity in punishment of some of these crimes. These days circumstantial evidence accompanied by scientific investigations can affectively achieve the same objectives.
For example, a computer crime or theft of computer time is not found in the Quran or Sunna. Government can’t favor one religion over another.
Suratul Baqarah: Verses – | Al-Mizan An Exegesis of the Qur’an, vol 2 |
The object of Islamisation of laws could have conveniently been achieved by making suitable amendments in the above mentioned sections of the Pakistan Penal Code and the Code of Criminal Procedure instead of repealing certain sections of the two Codes and drafting an altogether new Statute consisting of Clauses. This clause is so obviously inexpedient that it does not require any detailed comments.
A judge can only impose the Had punishment when a person confesses to the crime or there are enough witnesses to the crime. It also prescribes specific rules for prayers, fasting, giving to the poor, and many other religious matters.
OFFENCES AGAINST HUMAN BODY (ENFORCEMENT OF QISAS AND DIYAT) ORDINANCE, – PKLJC 10
Other writers have simply added a footnote to their works on comparative justice on the religious law categories of Islamic Law, Hindu Law, which is still used in some parts of India, and the Law of Moses from the Old Wssay which still guides the current thought of the Israeli Knesset Parliament today.
Thus in all cases mentioned in Clauses 12 and 13 the offender who is guilty of Qatle-Amd intentional murder will be immune from death penalty. It does not rely upon one source for its broad knowledge base. By the time some conclusion is arrived at it may be too late. The usual number of witnesses is two, but in the case of adultery, four witnesses are required.
Is prescribed to you. Now what type of nature is this which breaks its own law, violates its own decree, when it comes to giving death penalty to someone who has killed an innocent person?
Had crimes are the most serious under Islamic Law, and Tazir crimes are the least serious. Consequently the punishment prescribed in a number of cases of hurt consists of payment of urshor by taazir.
If a person is put to such a duress that he is compelled to commit Qatl Amdwhich technically speaking does not amount to ikrah-i-tamthe person causing that kind of ikrah-i-naqis should get the same punishment as one causing ikrah-i-tam. The qisas crimes require compensation for each crime committed. It would not be difficult to imagine, the state of law and order in our Country after the introduction of this provision particularly in the rural society where unscrupulous and influential persons will not find it difficult to coerce Walis of the victims and manoeuvre to compound the offences by threats, ;duress and other foul means.
The Law of equality.
Law and Justice Commission of Pakistan
The punishment system is comparable to the determinate sentence imposed by some judges in the United States. Some in the Western media have used the “New York City bombings” as a way to increase hate and prejudice. Although it is the responsibility of the mass media to bring to the world’s attention violations eesay human rights and acts of terror, many believe that media stereotyping of all Muslims is a major problem.
Sections and A were also considered repugnant because they did not provide for composition and payment of Diyat. They give death penalty in those cases because they think those crimes to be extremely heinous and atrocious.
Suratul Baqarah: Verses 178 – 179
Clause provides that where an offender committing qatl is not found and no person is liable to Qisas or Diyat, the Government shall pay the amount of Diyat to the heirs of the victim, provided that if at any time the real offender is found the Diyat paid by the Government shall be refunded to it. The scholars have mentioned some more points, which may be seen in the books of rhetorics. The Qur’an has replied to all this criticism with one sentence:.
Judges under Islamic Law are bound to administer several punishments for a few very serious crimes found in the Quran, but they possess much greater freedom in punishment for less serious non-Had crimes.
The judge can use a broad legal construct to resolve a very specific issue.
Clause 96 relating to attempt to commit suicide has also been mentioned here in spite of its having been omitted from the main draft.
And the most remarkable in their eyes was the sentence: Sharia Law is holistic or eclectic in its approach to guide the individual in most daily matters. Now the government is the independent party that administers the punishment, because torture and extended pain is contrary to Islamic teachings and Sharia Law. In sub-clause 2however, it was provided that if at any time the real offender is found, the Diyat already paid shall be refunded to the person or persons who had paid it.
Objections have been laid against the law of retaliation in general, and the capital punishment, that is, retaliation by killing, in particular. It explains the result in clear words and describes the real philosophy of the law, that is, the life. Some more liberal Islamic judges do not consider apostasy from Islam or wine drinking as Had crimes.