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Legally prescribed ratesCountries whose law follows the Shari'a, including Saudi Arabia, Iran[4] and Pakistan[, also

enacted laws for Qisas and Diyat. In Saudi Arabia, for example, the heirs of the victim have a

right to settle for Diyya instead of the execution of the murderer. [ The customary law of the

Somali people also recognizes the obligation of diyya, but define it as being between

subgroups, or mag, who may be part of different clans or even the same clan.[

Some of these countries also define, by lawful legislation, a hierarchy of rates for the lives of

people; religious affiliation and gender are usually the main modulating factors for these Blood

Money rates. Some examples are presented below.

Saudi ArabiaIn Saudi Arabia, when a person has been killed or caused to die by another, the prescribed

blood money rates are as follows[8]:

100,000 riyals if the victim is a Muslim man "

50,000 riyals if a Muslim woman "

50,000 riyals if a Christian or Jewish man "

25,000 riyals if a Christian or Jewish woman "

6,666 riyals if a man of any other religion "

3,333 riyals if a woman of any other religion "

The amount of compensation is based on the percentage of responsibility. Blood

money is to be paid not only for murder, but also in case of unnatural death, interpreted to mean

death in a fire, industrial or road accident, for instance, as long as the responsibility for it falls

on the causer.[8]

:�~²[}Z&+\g]{:ÅZLà-VÃ�e!g}@Zc]5. Maximum Amount admissible :

The maximum amount of Death Compensation (Diyya) generally admissible in Saudi Arabia, in

respect of road/traffic/fire accident, murder, etc. is as under:

Death Compensation in respect of a male person:

SR. 100,000/- - Muslim i.

Christian/Jew - SR.50,000/- ii.

iii. Other religions : such as Hindu, Buddhist, Jain, etc. - SR 6666.66

In the case of death of a female, death compensation allowed is equal to half the amount as

admissible to males professing the same religion. Further the amount of compensation

admissible, is based on the percentage of responsibility fixed on the causer e.g. if the causer is

held 50% responsible for the accident resulting in the death of a Muslim, the amount of Death

Compensation admissible will be SR 50,000 only.

âË}Æ_.�eÆgfThe proportion on the list above is exactly the same as what is said in the Sharia law found in

"The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani (310/922 - 386/996), A Treatise on Maliki

Fiqh". The relevant quotation can be found below. To make easier, I make the list of the blood

money as follows:

12,000 dirham for a muslim man "

6,000 dirhams for a muslim woman "

6,000 dirhams for a Christian/Jews man "

3,000 dirham for a Christian/Jews woman "

800 dirham for a Magian man "

400 dirham for a Magian woman "( it means non --AHL E KITAB )

Obviously, the Hindu people and other non Christian/Jews people are worth the same as the

Magian people. And a muslim man's life is worth 30 times that of a non Christian/Jews infidel

woman.

(The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani (310/922 - 386/996), A Treatise on Maliki Fiqh

(Including commentary from ath-Thamr ad-Dani by al-Azhari)

[ IranIn Iran, a further refinement on the hierarchy of rates has been devised: variations are also

based on the month of the Islamic calendar that the crime is committed in. The Iraninan

Judiciary system announces a table of the prescribed amounts each year.[ During the four

haram months, when wars and killings were traditionally discouraged in the Arabian peninsula

and later in the larger Islamic world, the blood money rates stand doubled. The rates for

female victims is half that for male victims in murder cases, but equal in cases of

insurance and accidental death.

As in Saudi Arabia, the rates for bloody crimes committed against Iranian non-muslims used to

be half the rate prescribed for Muslim victims, but this was changed by "equitable",

progressive-minded legislation in early 2004. This legislation was initially rejected by the

Guardian Council but was later approved by the Expediency Discernment Council.[citation

needed]

Members of the Baha'i Faith are excluded from the provisions of the equalization legislation, as

their blood is considered Mobah, and as such no blood money is payable to families of Baha'is

who are murdered.

Further information: Religious freedom in Iran

[edit] Iraq

In Iraq, the Bedouin tribes carry on the practice of demanding blood money, though this does

not necessarily obviate the proceedings of the secular judicial system.[10]

eúgu~ZâxÅHg™�{�eBut according to the Imam, the thirst for revenge could be cooled if 200,000 kroner were paid

either by the family of the doorman who fired the shots or by the Islamic community

0Îy~gøe-kÆ$á�eÅg¶�Z�ZÅ�Punjab Law minister Rana Sanaullah told private television, "The family members of the slain

men appeared in the court and independently verified they had pardoned [Davis]." And, while

sources vary slightly on the blood money amount, (ABC News reported that $700,000 was paid

to each family, totaling around $1.4 million, while Dawn reported the amount was $2.35 million),

Hence the court proceedings were shrouded in a mystery fueling the conspiracy grapevine, Cafe

Pyala outlines the payouts:

Here's the main prayer to the court setting out that the persons named have no objection to

'Raymond Davis' being acquitted by the court since they had accepted compensation and

reached agreement to settle the matter.

The operative part in each is the share of the blood money received, divided according to

shari'ah rules. The following is the detail of the diyat received by Faizan Haider's family:

Faizan Haider's Mother: Rs. 33,333,333/- "

Faizan Haider's Wife: Rs.25,000,000/- "

Faizan Haider's Brother No.1: Rs. 7,575,758/- "

Faizan Haider's Brother No.2: Rs. 7,575,758/- "

Faizan Haider's Brother No.3: Rs. 7,575,758/- "

Faizan Haider's Sister No.1: Rs. 3,787,879/- "

Faizan Haider's Sister No.2: Rs. 3,787,879/- "

Faizan Haider's Sister No.3: Rs. 3,787,879/- "

Faizan Haider's Sister No. 4: Rs. 3,787,879/- "

Faizan Haider's Sister No. 5: Rs. 3,787,879/- "

Total Diyat paid to Faizan Haider's relatives: Rs.100,000,002/- which translates into

US$1,166,744/- at the current rate of exchange.

The relatives of the second man killed, Mohammad Faheem, received similar compensation.

ZkZy~�e»gfZzgúgÂV»Zî`��e'Z'ÅYñBlood money: women take on hard-line Islam in a campaign for equal rights - Currents

by Tim Elliott

WHEN 19-year-old Roxana was killed in a car accident in Tehran, her father, Hadjimashhady,

was appalled to be offered dieh (blood money). A lawyer and avowed socialist, he refused to

take the money. 'It would not solve anything,' he says. 'This is a reactionary law. It is something

that belongs in medieval times.'

Nevertheless, in most Muslim societies, those responsible for someone's death must pay

dieh--a form of compensation to the victim's family. In Iran this amounts to one of the following:

100 camels, 200 cows, 1,000 sheep, 200 silk dresses, 1,000 gold coins or 10,000 silver coins. To

simplify matters, the authorities have devised a monetary equivalent of $18,750 for men, and half

that for women.

The law originally existed because the death of a man was seen to place a greater financial

burden on the family. 'But this argument is invalid,' says Fatemeh Rakei, head of the

Parliament's Committee for Women's Issues. 'Today you need two incomes to support a family,

and all over Iran women are having to work.'

Rakei and a group of Iranian women MPs are now campaigning to have blood money made

equal. 'The present situation,' she says, 'is insulting.'

Qaradawi Urges Gender Equality on Blood MoneySheikh Qaradawi said scholars of earlier times used to adopt gender equality on

blood money

By Farahat Al Abbar, IOL Correspondent

DOHA, December 24 (IslamOnline.net) - Prominent Muslim scholar Yusuf al-Qaradawi

pressed for gender equality on the amount of manslaughter blood money.

Qaradawi said during a forum in Qatar's Supreme Council for Family Affairs on Wednesday,

December 22, that there is no evidence backing that the compensation paid for mistakenly

killing a woman should be half that for a slaughtered man.

"No evidence in the Noble Qur'an supports such arguments on discrimination drawn between

men and women in that regard."

The prominent Muslim scholar, who is also head of the International Association of Muslim

Scholars (IAMS), said earlier generations of scholars such as Ibn Alia and Al-Aasam used to pay

equal blood money to compensate the families of those killed regardless of their gender.

Not as Inheritance

Sheikh Qaradawi further rejected that the blood money issue should be dealt with as that of

inheritance - where women get half that offered to men of the legacy of their dead relatives.

"Still, there are many inheritance cases in which women are paid equally as men."

Sheikh Qaradawi refuted claims that men are paid double the amount presented to women due

to men's responsibility for their families.

"Islamic Shari`ah doesn't state this. Rather, we see a little kid is paid equally as to an old man,

and a porter as a professor - with no discrimination whatsoever."

Known for his moderate edicts and widely-respected views, Sheikh Qaradawi maintained that

reconsideration of the women's share of blood money would be an honor for women.

He called on the government of Qatar, where the Egyptian scholar now stays, to put his

recommendation into action.

AgreementSheikh Qaradawi's call was welcomed by a host of prominent scholars attending the forum.

Chief among them are Qatari participants Sheikh Abdul Kadir bin Muhammad al-Amari, the

former deputy chief of the Appeal Court, professor Aisha al-Mannaa, the dean of the Shari`ah

faculty of Qatar University, and her colleague professor Mohamed Othman Shber.

Al-Mannaa said review of women's share of bloody money would be seen as an effort to

promote women rights.

Shber concurred, saying these days are completely different from earlier eras when opinions on

women's blood money share were given.

Salem Rashid al-Marrekhi, member of the national human rights committee in Qatar, hailed the

scholars' stance on equalizing women's share of blood money as a boost of

human rights in the Islamic world.

"Human rights laws don't strike a difference between between males and

females."

DisagreementHowever, a cohort of Muslim scholars voiced opposition to equalizing men and women on the

blood money share.

"The four madhhabs (religious schools) have agreed on paying half share of blood

money to women," said Saleh bin Jassem Al Muhanadi, head of the first class court.

He urged to take into account men's financial burdens when tackling the issue of women's

blood money share.

"Men pay dowry and are totally responsible for their families, burdens that women are exempted

of."

More Studies NeededOther Muslim scholars pressed for conducting more studies on the issue of women's share of

blood money.

Dr. Thaqeel bin Sayer al-Shamry of the Court of Cassation said the issue requires deep

examination, warning against hasty decisions on what he calls a thorny territory.

Shamry believed that scholars advocating equal blood money to men and women have used

weak hadith (Prophet Muhammad's sayings).

The forum comes following mounting calls to introduce amendments to the Qatari law on

women's blood money share which states that families of killed women are paid half that to

killed men as a settlement to potential disputes over the killings.

The Supreme Council for Family Affairs which hosted the lecture was established in 1998 under

the presidency of Sheikha Mozah bint Nasser Al-Misnad, Qatar's First Lady.

The Council has been a scene of several gatherings on family issues, latest of which was the

Doha International Conference for Family , held on November 29-30.

0Îy~�eÅZqVwFriday, June 12, 2009

By our correspondent

Karachi

One of the three accused doctors in an accidental death case has paid a compensation (Diyat)

amount of Rs0.42 million to the heirs of Wasila Bibi who died after medical complications

following her caesarean section operation at a private hospital.

Both the victim's family and accused, Dr Sughra, entered into an out-of-court settlement. The

case is being heard by Additional District and Sessions Judge (South) Nizar Ali Khawaja. Wasila

Bibi's husband, Sikandar Shah, along with his children was present in the court on Thursday

and they forgave Dr Sughra who paid Rs 0.42million as Diyat.

0Îy~�eÅ�zu~VwDawn

April 9, 2006

Heavy diyat saves two Vani girls

By Our Correspondent

MIANWALl, April 8: Two Vani girls were divorced by their spouses on Saturday after

paying 'diyat' amounting to Rs170,000 on the intervention of Daudkhel police and due

interest taken by area notables. A few days back a marriage party returned without brides

in Daudkhel Town, some 22km from here, when a religious leader had refused to perform

their 'nikhas'

The girls had got 'khula' from a ramily court from their exhusbands with whom their

nikah had been solemmsed In chIldhood under the Vani tradition,

The Mulana said the family court could not dissolve the earlier nikah of the girls as

judges were not qualified as Qazi of the Shari at court.

He said the earlier nikah of the girls by their 'walis' stood valid despite the fact that the

same had been performed under the Vani tradition.

Reports said in April 1985, one Amanullah Khan had been booked under section 302 of

the PPC for the murder of Attaullah Khan of Daudkhel over a land dispute.

A Mianwali sessions judge had awarded him death sentence, Later, elders and common

friends of both the parties intervened and reached a compromise against Rs250,000 and

hands of two daughters of the convict were given in Vani to two sons of deceased

Attaullah,

Verbal nikah of Kulsoom BiBi (6) with lkramullah Khan (7) and Nusrat BiBi (8) with

Saifullah Khan (12) were performed in 1990 by their walis. After the compromise,

Amanullah Khan was acquitted.

With the passage of time, both the girls got education up to graduation level while the

boys remained illiterate, When the girls came of age, they refused to honour their elders'

decisions and approached NGOs and the police,

On the other hand, the boys filed petitions for the custody of their wives. The family

court dissolved both the marriages under 'khula.'

After' khula', marriages of both the girls were arranged and the Maulana refused to

perform fresh 'nikah,'

After press reports, the IGP ordered Daudkhel SHO Ahmed Abbas Khan to solve the

matter amicably. The SHO summoned both the parties along with notables of the area

and succeeded to convince the bridegrooms to divorce the girls against Rs 170,000

Blood money in DenmarkThe Fjordman details how the Islamic concept of "blood money" persists among

Muslim immigrants to Denmark:

Two men have been killed in street shootings in a row involving a group of second generation

immigrants in Copenhagen. An injured gang leader was subsequently freed by a group of

masked men from the State Hospital, where he was under police surveillance. Integration

Minister Hvilshøj rejected a proposal from Imam Abu Laban that blood money be paid to the

family of a man who was killed. Since the shooting of a 24 year old and the wounding of his

older brother, there has been much speculation about when revenge would be taken. But

according to the Imam, the thirst for revenge could be cooled if 200,000 kroner were paid either

by the family of the doorman who fired the shots or by the Islamic community. He said the

practice of paying blood money to the family of a deceased person was normal in Muslim

societies. Hvilshøj said such action could harm the entire integration process in Denmark. With

the Islamic religious community as mediator, the family of the doorman, who fired the killing

shot and who is now in prison, is being pressured to move from Copenhagen by the family of

the dead man. But the agreement has been met with sharp criticism by experts in criminal law

who say it is unlawful coercion and in contravention of the Danish sense of democracy. Only the

courts of law can resolve murder cases in Denmark. Meanwhile there is growing fear amongst

politicians that the immigrant environment in the Nørrebro area in Copenhagen, which has been

nofficially declared an "Islamic state" by some of its residents, is developing into a parallel

society where ancient traditions threaten Danish law.

200,000 Danish kroner is approximately the value of 100 camels. Some baffled commentators at

first thought it was said tongue-in-cheek when Imam Abu Laban wanted the equivalent of 100

camels to be paid for a man's life. That's probably not the case. Ahmad Abu Laban is involved in

an international group of Muslims who are known for supporting the anti-Western Islamist

struggle of the school of global Jihad. He also tried to block the re-election of the right-wing

government in Denmark in the previous election...

Read it all.

5 Comments

dennisw | July 2, 2005 10:07 AM

This is what happens when 7th century Arabian desert cavemen are transposed into modern

Europe. This time it's Denmark's bad luck/ I'm sure the concept of blood money existed in 7th

century Scandinavia. But Scandinavia has moved on 14 centuries from that era.

Geoff | July 2, 2005 10:52 AM

I have a better idea. Instead of paying blood money, how about just shoot the other gang

members? Eye for an eye is mandated in islamic theology, no?

Imam Geoff

Susanp | July 3, 2005 12:08 AM

the Nørrebro area in Copenhagen, which has been nofficially declared an "Islamic state" by

some of its residents, is developing into a parallel society where ancient traditions threaten

Danish law.

Sounds to me like a "parallel society" is already well established, up and running. Muslims

live in parallel societies in every country on earth. They cannot, will not

assimilate because assimilation would pollute their vile culture. Islam mandates that muslims

separate themselves from non-muslims. Don't the Danes know that they are filthy, not worthy of

muslim friendship but obligated to tolerate endless muslim crime and muslim disruption of their

own society?

Muslims must maintain control of their females or Islam will disintegrate, and that's the first

thing they would lose if they assimilated. Why is that so hard for people to understand?

LC TripleNeckSteel | July 3, 2005 3:38 PM

You can find comment on this same case at Moron Abroad, as well as other articles dealing with

this phenomenon.

ethoman | July 3, 2005 4:10 PM

Oh wow i really feel bad for the danes. The ball is rolling. These people have already started a

movement to gain controll politically within areas of Denmark. pretty soon this will lead to a call

for soverenty and the Danes will either have to fight or give up parts of thier country. This is

happening much more quickly than i had figured it would. Oh well looks like the first country to

fall to dhimmi status will be Denmark. Oh well the Danes will miss thier gay marrage and

legalized prostitution. Who will have time to fight when all the Danish men are exploring thier

female side, and legal mary jane. Goodbye Denmark first down to the liberal adgenda and

tolerence modle.

Comment;-The Norse also had blood money law In The Past

What is Diyat?

t*yÌZÚ,Ð1�ìJaved Ahmad Ghamidi/

shehzad Saleem The law of Diyat mentioned in the Qur'an in connection with the directives of Qisas has

generated the following questions in present times:

(1) Has the Shari'ah fixed the amount quantity of Diyat, and in accordance with this, is the

Diyat of a woman half that of a man?

(2) What is the nature of Diyat? Is it a financial compensation for the loss suffered by the heirs

of the slain or by the wounded person himself, or is it the price of life or a limb, or something

besides these two?

As an answer to the first question, consider the following verses of the Qur'an:

(4 :92-3)?

It is unlawful for a believer to kill a believer except if it happens by accident. And he who kills a

believer accidentally must free one Muslim slave and pay Diyat to the heirs of the victim except

if they forgive him. If the victim be a Muslim belonging to a people at enmity with you, the freeing

of a Muslim slave is enough. But if the victim belongs to an ally, Diyat shall also be given to his

heirs and a Muslim slave shall also have to be set free. He who does not have a slave, must fast

two consecutive months. This is from Allah a way to repent from this sin: He is Wise,

all-Knowing. (4:92-3)

The actual words of the verse are (diyatun mussalamatun ila ahlihi: paying Diyat to his

heirs) Their most appropriate grammatical analysis in the opinion of this writer is to regard them

as the inchoative (mubtada) of a suppressed enunciative (khabr) ie, (fa 'alayhi tahriru raqabatin

mu'minatin wa diyatun musallamah: It is incumbent upon him to pay Diyat to his heirs). The

word Diyat in these verses occurs as a common noun, about which we all know that its meaning

is determined by the context in which it is used and by its linguistic and customary usage. For

example, consider the Qur'anic verse: (Innallaha ya'murukum an tadhbahu baqarah: Verily, God

ordains you to sacrifice a cow)1. The word (baqarah: cow) is a common noun. Therefore, it is

absolutely certain that the Jews were directed to sacrifice an animal whose name in the

linguistic and customary usage of the Arabs was ' (baqarah). If they had sacrificed any cow, they

would have, no doubt, fulfilled this Divine Directive. On the other hand, let us have a look at the

phrase: ' (aqimu al-salah: establish al-salah). The word '(al-salah) occurs in this verse as a

proper noun. In technical parlance, it is termed as ' (mujmalun muftaqirun ila'l-bayan: a

compact statement which needs an explanation), and if one is unable to ascertain its

connotation from linguistic and customary usage, it is necessary to turn to the Law Giver for an

explanation of the meaning it implies. However, had it been mentioned in the Qur'an as a

common noun, the implied meaning would have been evident. We would have clearly

understood that we are being directed to establish something which was traditionally denoted in

pre-Islamic Arabic language by the word '

(Salah). In other words, if someone obligates us about something and mentions the obligated

thing as a common noun, it simply means that he has directed us to obey the ' (ma'ruf : the

general custom and tradition) in this regard. Also, since a common noun denotes generality,

every meaning associated with it shall be considered as implied, without any specification, lest

something within the context poses a hindrance. Therefore, in the above verse Diyat means

something which in the general custom and usage is called 'Diyat'. And the Arabic words '

(diyatun mussalamatun ila ahlihi: paying Diyat to his heirs) simply mean that the family of the

murdered person should be given what the general custom and tradition terms as 'Diyat'.

In verse 178 of Surah Baqarah, where the directive of Diyat in case of intentional murder has

been given, it has been qualified by the word ' (ma'ruf: the general custom):

?????? ?????? ???? ???? ??????? ?????? ??????????? ?????????????? ?????????

???????? ??????????? (178:2)?

Then for whom there has been some remission from his brother, [the remission] should be

followed according to the Ma'ruf and Diyat should be paid with goodness. (2:178)

It is evident from the above mentioned verses of Surah Nisa and Surah Baqarah that in case

of intentional as well as un-intentional murder, Diyat should be paid according to the custom

and tradition of the society. In his own period, the Prophet (sws) obeyed this Qur'anic injunction

by following the prevailing '?????' (ma'ruf: the general custom) of the Arab Society. Whatever

has been stated in the Ahadith is just an explanation of this '?????' (ma'ruf) during that period. It

should be clear that no directive of the Prophet (sws) obligates Muslims to follow it.

An important question that needs considerable explanation concerns the actual Arab custom

about Diyat. A study of pre-Islamic Arabic poetry and the recorded account of battles between

various Arab tribes shows that the Diyat of every person whose blood relation with his tribe was

'????' (sarih: definite), was fixed at ten camels. The Diyat of an ally or a maid was half of the

'????' (sarih) and the Diyat of a woman was also half that of a man. The author of Aghani while

describing the events of a battle between the tribes of Aws and Khazraj writes:

????? ??? ?????? ???? ??? ?????? ????? ?? ????? ???? ?????? ????

And in their custom, the Diyat of a '????' (mawla: an ally) was five camels and that of a '????'

(sarih: a person whose blood relation with some tribe is definite) was fixed at ten camels.2

According to Dr. Jawwad 'Ali:

???? ??? ??? ?????? ????? ????? ???? ??? ??? ?????? ????? ??? ?????? ??? ??? ?????

If the slain person was a maid's son, his Diyat was half that of a sarih and the Diyat of a woman

was half that of a man.3

Some tribes because of their high social status accepted twice the actual amount of Diyat,

while some paid twice the actual amount as a favour and blessing upon the other tribe. Dr

Jawwad 'Ali writes:

??? ?? ???????? ??? ??? ?????? ?? ??? ???? ?? ??? ?? ???? ????? ?????? ??????? ????

????? ?????? ????? ??? ????? ??? ???? ????? ???? ???? ???? ?? ??? ?? ??????? ??

???????? ???? ??? ??? ???? ??????? ???????? ????? ?????? ???? ??? ???? ?? ???

?????? ?? ??? ????? ????? ?? ???????? ????? ?????

It is said that Ghatarif or the people of the tribe Haris Ibn 'Abdullah Ibn Bakr Ibn Yashkur used to

accept two Diyats for their slain, and if it became obligatory for them to pay Diyat, they used to

pay a single Diyat. Likewise, for Bani 'Amir Ibn Bakr Ibn Yashkur, whose ancestor 'Amir was, in

fact, called Ghatrif, two Diyats were fixed, while for the rest of the nation it was single. Similarly,

according to most traditions, the tribe of Bani Aswad Ibn Razan in pre-Islamic times used to pay

double Diyat to others.4

He goes on to say:

??? ??? ??? ??????? ?? ??? ????? ?? ???? ???? ?? ??????? ??? ??? ??????

This regularity in paying two Diyats was not because of some weakness but as a favour to the

family of the slain.5

The Diyat of kings, called the Diyatu'l-Muluk, was fixed at a thousand camels. Qarad Ibn

Hansh al-Saridi while eulogizing Bani Fazarah says:

???? ???? ????? ??? ?????

???? ??? ???? ??????? ?????

Wa nahnu rahana'l-qawsa thummut fudiyat

Bi alfin 'ala zahri'l-fazariyyi aqra'a

(And we pledged a bow, and from the wealth of Fazariyyi a thousand camels were given as

remittance for this.)

???? ???? ?????? ??? ???

????? ???? ?? ???? ??????

Bi'ashri mi'ina li'l-muluki sa'a biha

Liyufiya Sayyar ubnu 'Amrin fa asra'a

(Ten hundred camels which is the Diyat of kings. Sayyar Ibn 'Amr strove to carry out this

promise and fulfilled the responsibility without delay.)

A few years before the birth of the Prophet (sws), this custom underwent a drastic change. It

is said that 'Abdu'l-Muttalib, the grandfather of the Prophet (sws) vowed that if God would bless

him with ten sons, he would slaughter one of them as a sacrifice. And when God fulfilled his

wish, he set out to fulfil his own pledge. A lot was cast to select which among the ten sons

should be sacrificed. It fell upon 'Abdullah. So when 'Abdu'l-Muttalib was on his way to sacrifice

him, some people stopped him and suggested to sacrifice a camel instead. It has been indicated

before that during that time the quantity of Diyat was fixed at ten camels. Hence, once again, a

lot was cast, this time in the name of 'Abdullah and ten camels. Again, it fell upon 'Abdullah and

the process was repeated until the number of camels reached one hundred. According to the

traditions, after this event the quantity of Diyat among the Arabs, particularly the Quraysh was

re-fixed at a hundred camels. In the words of Ibn Abbas (rta):

???? ????? ????? ????? ?? ????? ???? ?????? ??? ?? ?? ??? ????? ???? ?? ????? ????

?? ???? ?????? ???? ?? ?????

During that period, Diyat was ten camels. It was 'Abdu'l-Muttalib who first of all fixed it at one

hundred camels. As a result, this quantity was adopted by the Quraysh and the Arabs.6

Zuhayr has mentioned the same amount of Diyat in his 'Mu'allaqah'. While eulogizing two

Arab chiefs, Haram Ibn Sanan and Harith Ibn 'Awf, because the two had paid three thousand

camels as Diyat to stop a war between 'Abas and Fazarah, he says:

???? ?????? ??????? ??????

?????? ?? ??? ???? ?????

Tu'affa'l-kulumu bi'l-mi'ina fa asbahat

Yunajjimuha man laysa fiha bi mujrimi

(By means of hundreds of camels the wounds shall be healed. So, those who were just

innocent began to pay these camels in small lots.)

It is evident from this couplet that after this war the Diyat of the slain was paid in installments.

According to Aghani:

????? ????? ???? ???? ?? ???? ????

Hence it was three thousand camels which were given in three years.7

In this Mu'allaqah, Zuhayr has pointed out that ????(Ifal: young camels) were given as Diyat:

????? ???? ???? ?? ??????

????? ??? ?? ???? ????

Fa asbaha yuhda fihimu min tiladikum

Maghanimu shatta min ifalin muzannami

(From your inherited wealth, camels of various ages which are Ifal ie, well bred young camels

are sent to the families of the slain.)

About this specification of '????' (Ifal), Zawzani, a commentator of the Sab'a Mu'allaqat

writes:

?? ?????? ??? ?????? ???? ?? ???? ?????? ??????? ???? ????

The poet has particularly mentioned young camels because only two-year olds, three-year olds

and four-year olds were given as Diyat.8

The Diyat of wounds also existed in Arabia. A study of pre-Islamic Arabic reveals that the

words '???' (arsh) and '???' (nadhr) were used in this meaning besides others. According to the

Lisanu'l-'Arab:

??? ????? ????? ?? ??? ??? ??????? ??? ??? ???? ?????? ?????? ?????

The word '???' (arsh) is, in fact, '???' (khadsh) ie, bruise or wound. Then it began to be used for

the money which was exacted as Diyat for wounds. The people of Hijaz used the word '???'

(nadhr) for this.9

We have mentioned above that it was this Arabic custom which the Prophet (sws) while

obeying the Qur'an, enforced during his own time. Consequently, in some Ahadith it has been

mentioned that the Prophet (sws) continued with the Arabic custom in the matters of Diyat,

which had existed before his own Prophethood. To further quote Ibn Abbas (rta):

???? ?? ???? ?????? ???? ?? ????? ?????? ???? ???? ??? ???? ???? ???? ??? ?? ????

????

Among the Quraysh and in Arabia, the quantity of Diyat adopted was one hundred camels.

Consequently, later on the Prophet continued with it.10

In another Hadith, which linguists present in support of the word '????? ' (ma'qulah) and

which has also been reported in slightly different words in the Musnad of Ahmad Ibn Hanbal,

this matter has been stated in the following way:

??? ??? ???? ???????? ?????? ??? : ????????? ?? ???? ??? ??????? ???????? ?????

??????? ??????

A treaty between the Ansar and the Quraysh was documented by the Prophet in which it was

written down that the Muhajirin of the Quraysh would continue according to their previous state

and the matter of Diyat would be conducted between them as before.11

On the contrary, in Yemen (southern Arabia), the custom was that in various forms of murder

and in various types of wounds, the amount of Diyat was fixed by the ruler. But when Yemen

became a part of the Islamic State during the Prophet's time, a letter was sent by him to the

chiefs of Yemen in which he fixed the same quantity of Diyat for them which was enforced in his

own territory. Dr Jawwad 'Ali, while writing about this Arabic custom, says:

??? ???? ????? ??? ????? ????????? ???? ??? ???? ?? ???????? ????? ??? ??? ???????

??? ?????

Diyat was paid according to the custom in southern Arabia also, but no regular legislation had

been done in this regard; instead, the determination of its amount had been left upon the

discretion of the ruler.12

The epistle of the Prophet (sws) which he wrote to the people of Yemen13 is reproduced here:

????? ???? ????????? ????????? ??????? ???? ????????? ????????? ?????? ??????

???? ??????? ??????????? ???????????? ??????? ??? ????????? ????????? ???????

???? ????????? ????? ????????? ????? ??????? ???????? ????????? ????? ??????????

????????? ????? ????????????? ????????? ????? ??????????????? ????????? ?????

????????? ????????? ????? ????????? ????????? ????? ????????????? ?????????

????? ????????? ???????????? ?????? ???????? ? ]????? ??????? ?????? ????????? [

????? ?????????????? ?????? ????????? ????? ???????????? ?????? ????????? ?????

?????????????? ?????? ???????? ???? ????????? ????? ????? ???????? ????

????????? ??????? ??????????? ?????? ???? ????????? ????? ???????? ?????? ????

????????? ????? ???????????? ?????? ???? ????????? ??????? ????????? ????????

????????????? ??????? ?????? ????????? ?????? ???????? (????? : ??? 4583)?

He who wrongfully kills a Muslim and his crime is legally proven shall be taken revenge from,

except if the heirs of the murdered person agree to accept Diyat. In this case, the Diyat of life is

one hundred camels and that of a nose also when it is completely cut off. The Diyat of a tongue

or lips or testicles or the male reproductive organ or the back or both eyes is one hundred

camels as well. The Diyat of a single foot [and a hand]14, however, is half. A wound which

reaches the stomach and one which reaches the brain shall have one-third Diyat. The Diyat of an

injury because of which a bone is displaced is fifteen camels. For each of the fingers of the hand

and feet, the Diyat is ten camels, for the teeth it is five and for an injury because of which a bone

is exposed, it is five as well. A man shall be executed in place of a woman and those who can

pay Diyat only in the form of gold, the Diyat is one thousand Dinars. (Nasa'i: No. 4853)

After this explanation about the law of Diyat, it becomes evident that Islam has not prescribed

any specific amount for Diyat nor has it obligated us to discriminate in this matter between a

man or a woman, a slave or a free man and a Muslim or a non-Muslim. The law of Diyat was in

force in Arabia before the advent of Islam. The Qur'an has directed us to pay Diyat just

according to this law both in case of intentional as well as un-intentional murder. By this

Qur'anic directive, Diyat, became an eternal law of the Shari'ah for all times and for every

society; however its quantity, nature and other related affairs have been left by the Qur'an upon

the customs and traditions of a society. The Prophet (sws) and his Rightly Guided Caliphs (rta)

decided all the cases of Diyat according to the customs and traditions of the Arabian society

during their own times. The quantities of Diyat which are mentioned in our books of Hadith and

Fiqh are in accordance with this custom and tradition, which itself has its roots in the social

conditions and cultural traditions of the Arabs. However, since then, the wheel of fortune has

revolved through fourteen more centuries and the tide of time has sped past innumerable crests

and falls. Social conditions and cultural traditions have undergone a drastic change. In present

times, it is not possible to pay Diyat in the form of camels nor is it a very wise step to fix the

amount of Diyat on this basis. The nature of '?????' (Aqilah: community/tribe) has completely

changed and various forms of un-intentional murder have come into existence which could

never have been imagined before. We know that the guidance provided by the Qur'an is for all

times and for every society. Hence, in this regard, it has directed us to follow the '?????'

(ma'ruf: the general custom) which may change with time. As per this Qur'anic directive, every

society is to obey its custom, and since in our own society no law about Diyat previously exists,

those at the helm of affairs of our state can either continue with the above mentioned Arab

custom or re-legislate in this regard; whatever they do, if the society accepts this legislation, it

will assume the status of our '?????' (ma'ruf: the general custom). It is obvious that those in

authority in any society can revise and re-structure the laws which are based on the '?????'

(ma'ruf: the general custom), keeping in view the collective good of the masses. Ibn 'Abidin, a

celebrated Hanifite scholar, writes:

???? ?? ?????? ??????? ??? ?? ???? ????? ????? ???? ??? ????? ????? ???? ?? ????

????? ???? ?????? ???? ????? ???? ?? ????? ??????? ??? ????? ?? ??? ????? ????

????? ?? ???? ????? ?????? ???? ????? ?? ???? ???? ????? ????? ?? ???? ???????? ???

???? ??? ?? ????? ????? ????? ????? ?? ??????? ????? ??????? ?????? ????? ??? ????

?? ????? ????? ?? ???? ??? ?????? ???? ????? ????? ??? ????? ???? ???? ???? ???

?????? ?????? ?????? ?????? ????? ??????? ??????? ??? ??????? ???????? ???? ?????

???????

It should be noted that juristic issues either stand proven by a categorical injunction which is

the first type, or stand proven by Ijtihad and opinion [which is the second type]. Most issues of

the second category are based by the Mujtahids upon the customs and traditions of a particular

period in such a way that if they would have been present in this age which has a certain

custom and tradition, they would have given a different opinion. Hence, about the conditions of

Ijtihad, they also state the condition that it is necessary to have a clear understanding of the

habits and common practices of the people because with the change in times a lot of the

directives change. This may be due to a number of reasons. For example, a change in the

general custom, requirement of a situation or a fear of disorder in the general condition of the

people that if a directive is continued in its original state it might create difficulties for them or

inflict a loss upon them; this would be against the principles of the Shari'ah which are based

upon facility, comfort, and prevention of damage and disorder.15

Consider now the second question: What is the nature of Diyat? In this matter, there are

generally two views. One group of scholars regards it as the monetary value of human life, while

another group considers it to be the monetary compensation of the financial loss inflicted by the

murderer upon the family of the murdered person.

In the opinion of this writer, both these views are incorrect. The first one is merely based

upon a misconception. In the pre-Islamic Arab society, cases of murder were usually settled by

'???' (Thar: revenge), '????' (Qisas) and Diyat respectively. As is evident from the order, '???'

(Thar) was the foremost objective of the Arabs. They used to believe that the soul of the

deceased is transformed into a bird which flies away, and unless revenge is taken, it wanders

about in the wilderness crying out '?????? ??????' (Isquni! Isquni: quench my thirst! quench

my thirst!). Some of them believed that only that slain person remains alive in his grave whose

death had been avenged, and if his murder is not avenged, his soul dies and darkness descends

upon his grave. Due to these beliefs, they always preferred '???' (Thar) and accepted '????'

(Qisas) only when they could not help it, not to speak of Diyat. Ummi Shamlah says:

?????? ??? ? ???? ????? ?????

???? ??? ???? ?????? ??? ?????

Fa ya shamlu shammir watlubi'l-qawma billadhi

Usibta wa la taqbal qisasan wa la'aqla.

(Therefore, O Shamlah! rise and get ready to avenge the harm inflicted upon you by your

enemies and listen! Do not accept Qisas or Diyat at any cost.)

Abbas Ibn Mirdas, while inciting 'Amir, a tribesman of the Khuda'ah tribe to revenge says:

??? ????? ????????? ????

???? ??? ?????? ???????

Wa la tatma'an ma ya'lifunaka innahum

Atawka 'ala qurbahumu bi'l-muthammali

(And don't even think about the Diyat they are tempting you with, for, in spite of having a

blood relationship, they have brought a deadly poison for you.)

In this matter, the severity of their emotions, even after accepting Islam can be seen from the

following verses of Miswar Ibn Ziyadah, when he was offered seven Diyats upon the murder of

his father by the governor of Madinah, Sa'id Ibn al-'As. He says:

???? ???? ?????? ??? ?????

????? ??? ?? ???? ?????

A ba'ad alladhi bi'l-na'afi na'afi kuwaykibin

Rahinati ramsin dhi turabin wa jandali

(What! after the person who was buried at the foot of Mount Kuwaykab in a grave of mud and

stone.)

???? ??????? ??? ?? ??????

?????? ??? ???? ??? ????

Udhakkaru bi'l-buqya 'ala man asabani

Wa buqyaya anni jahidun ghayru mu'tili

(I am being advised to show mercy upon a cruel person who has inflicted me with this grief.

The only mercy I can show is to take revenge at all costs.)

??? ?? ??? ???? ?? ????? ????

??? ???? ?????? ???????

Fa in lam anal tha'ri mina'l-yawmi aw ghadin

Bani 'ammina fa'l-dahru dhu mutatawwali

(O you, the sons of my paternal uncle, it does not matter if, today or tomorrow, I am not able

to take revenge, for this world has a long life.)

????? ??? ???? ???? ?????

??? ?? ???? ???? ?? ????

Fa la yad'uni qawmi liyawmi karihatin

la in lam u'ajjil darbatan aw u'ajjali

(If, without any hesitation, I do not attack my enemies or become a target of their attack, my

nation should never call me for any battle.)

????? ????? ???? ????? ???

???? ??????? ????? ?????

Anakhtamu 'alayna kalkala'l-harbi marratan

Fa nahnu manikhuha 'alaykum bikalkali

(You have placed the chest of war upon us; so listen! we have also decided that unless we

place it upon you, we would not remain at ease.)

???? ???? ?? ???? ??? ??

??? ?? ?? ???? ??? ????? ????

Yaqulu rijalun ma usiba lahum abun

Wa la min akhin aqbil 'ala'l-mali tu'qali

(Those people are offering me Diyat and urging me to accept money, whose fathers and

brothers never fell prey to the sword of a killer.)

Hence, it was a result of these emotions that they considered the acceptance of Diyat as

shameful, and regarded it to be equivalent to selling the blood of the murdered person. Rabi'ah

Ibn 'Ubayd, a poet of the tribe Bani Nasr says:

????? ??? ?? ???? ??? ???

????? ??? ???? ???????

A' dhuwabu Inni lam ahabka wa lam aqum

Li'lbay'i 'inda tahadhdhuri'l-ajlabi

(O Dhuwab! I have not forgiven your murder; nor in the midst of business in the market of

Ukaz am I selling your blood (ie, accepting your Diyat).)

However, it is evident that such emotional utterances have got nothing to do with the actual

nature of Diyat. They can only be regarded as sentimental statements over the loss of dear ones,

and one often comes across such instances in one's life. People who have tried to ascertain the

nature of Diyat from these utterances can only be regarded as those who are devoid of any

linguistic appreciation. They probably did not realize that human life or human limbs are

priceless. No mother, father, brother or son, at any rate, can ever be willing to accept Diyat on

the pretext that the monetary worth of the deceased son, brother or father is what is actually

being received. Hence, if this opinion is accepted, the result, obviously, would be that a society

would never benefit from the expediency upon which the law itself is based. On these grounds,

this opinion, regrettably, stands rejected.

As far as those people are concerned who regard it to be a monetary compensation of the

inflicted economic loss, they must realize that the basic nature of a thing must exist in every

small or large part it constitutes. Even a cursory look at the law of Diyat reveals that Diyat is not

given solely in cases of murder, but in case of loss of a human organ or limb like a nose, ear,

eye and tooth as well. It is quite evident that the loss of such limbs does not result in any

economic loss for the affected person or family. After all, if a toe or a finger, or even a tooth is

lost, what financial damage is incurred? Apart from other reasons, this internal contradiction in

the premises of the view, is enough to prove it a fallacy.

Since both the views about the nature of Diyat are not correct, what then is the correct view

point? To answer this question, it is necessary to have a recourse to ancient Arabic traditions

for a solution.

We find a lot of instances, in which the subject of Diyat has been discussed in pre-Islamic

Arabic poetry. Episodes of homicide and murder were so rampant in the ancient Arab society

that the subjects of '???' (Thar), '????' (Qisas) and '???' (Diyat) were often versified in their

poetical compositions. No doubt, they often used to challenge the sense of honour of those who

accepted Diyat, and provoked them to revenge, but apart from these sentimental utterances, we

find many instances where a more serious treatment of the topic reveals very clearly their own

concepts about the actual nature of Diyat.

A careful study shows that in such instances they used the words '?????' (gharamah) or

'????' (maghram) which literally means 'penalty'. Just as in English, these words imply the

exaction of fine from an offender as a punishment for a crime, the word '?????' (gharamah)

denotes this meaning in Arabic. It has been indicated before that the Arab poets used this word

in instances when they talked about the nature of Diyat. To quote Zuhayr:

?????? ??? ???? ?????

??? ??????? ????? ?? ????

Yunajjimuha qawmun liqawmin gharamatan

Wa lam yuhariqu baynahum mil'a mihjami

(In small lots those camels began to be given by one nation to the other, as a fine; though the

givers did not even shed a drop of blood among those who were receiving it.)

This same concept about Diyat continued to persist in later times as well. Ajir al-Saluli, a poet

of the Umayyid period has said:

???? ??????? ?????? ?????

?????? ?? ????? ??? ????

Yasurruka mazluman wa yurdika zaliman

Wa yakfika ma hammaltahu 'inda maghrami

(If you are oppressed he makes you happy by taking revenge, and if you are the oppressor, he

pleases you by taking your side; and as a result of this oppression, when you are paying a fine

(Diyat), whatever amount you burden him with, he alone pays it.)

Hence, it is quite evident from this discussion that Diyat is neither a monetary compensation

for an economic loss nor a monetary worth of human life. By nature, it is '?????' (gharamah) ie,

a fine or penalty imposed on the criminal in lieu of '????' (Qisas) in case of intentional murder

and, indeed, in all cases of un-intentional murder.

1. The complete verse in Arabic reads:

?????? ????? ?????? ?????????? ????? ??????? ???????????? ???? ??????????

???????? ??????? ?????????????? ??????? ????? ??????? ????????? ???? ???????

???? ????????????? (67:2)?

2. Abu'l-Farj Asfahani, Aghani, 2nd ed., vol 3, (Beirut: Daru'l-Kutub al-'Ilmiyyah), p. 40

3. Dr Jawwad 'Ali, Al-Mufassal fi Tarikhi'l-'Arab Qabla'l-Islam, 2nd ed., vol. 5, (Beirut: Daru'l-'Ilm

Li'l-Malayin, 1986), p. 592

4. Ibid., p. 593

5. Ibid.

6. Ibn Sa'ad, Al-Tabaqatu'l-Kubra, vol. 1, (Beirut: Dar Sadir, 1960), p. 89

7. Abu'l-Farj Asfahani, Aghani, 2nd ed., vol 10, (Beirut: Daru'l-Kutub al-'Ilmiyyah), p. 297

8. Sharh al-Mu'allaqat al-Sab', Zawzani, 1st ed., (Lahore: Daru'l-Nashr al-Kutub al-Islamiyyah), p.

80

9. Ibn Manzur, Lisanu'l-'Arab, 1st ed., vol. 6, (Beirut: Dar Sadir, 1400 AH), p. 263

10. Ibn Sa'ad, Al-Tabaqatu'l-Kubra, vol. 1, (Beirut: Dar Sadir, 1960), p. 89

11. Ibn Manzur, Lisanu'l-'Arab, 1st ed., vol. 11, (Beirut: Dar Sadir, 1400 AH), p. 462

12. Dr Jawwad 'Ali, Al-Mufassal fi Tarikhi'l-'Arab Qabla'l-Islam, 2nd ed., vol. 5, (Beirut: Daru'l-'Ilm

Li'l-Malayin, 1986), p. 593

13. A little deliberation shows that the ratios of Diyats which have been stated in this epistle are

the last word as far as justice and fairness are concerned. Our rulers while legislating in this

regard should take them into consideration.

14. These words have been taken from another text of the Hadith Sunan Nasa'i in which this

epistle has been recorded.

15. Ibn 'Abidin, Rasa'il Ibn 'Abidin, 1st ed., (Damascus: al-Maktbah al-Hashimiyyah, 1325 AH), p.

125

Determining Blood Money2-178. O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in

case of murder: the free for the free, the slave for the slave, and the female for the female. But if

the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then

adhering to it with fairness and payment of the blood money, to the heir should be made in

fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses

the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.

2-179. And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O

men of understanding, that you may become Al-Muttaqun (the pious - see V.2:2)

Determining the blood money for manslaughter & abortion Question How do we determine the blood money (diyah) for manslaughter? Is blood money

paid for an aborted fetus? If it is, then how much must be paid?

Answered by

Sheikh Ibrâhîm Rahîm, professor at al-Imam University, Qasîm Branch

There is disagreement among the scholars as to the asset that must be used in the

determination of the blood money (diyah); whether it must be gold, silver, or camels, or a

combination thereof. This results in a tangible disagreement in the amount that must be paid.

It could be calculated using gold as the determining asset. In his case, a man's diyah is one

thousand dinârs of gold. Each dinâr weighs 4.25 grams. Hence, the diyah in modern terms

would be equal to 4250 grams of gold.

This would then have to be converted into its value in the local currency in order to be paid in

cash.

Using the camel as the determining asset is in compliance with the decision of the Supreme

Council of Scholars in Saudi Arabia. It is as follows:

The diyah of a man is 100 camels, (which has been calculated to approximate roughly one

hundred thousand Saudi riyals). The diyah for a woman is half of that.

With regard to the blood money in the event of an abortion or induced miscarriage, the

determination is as follows:

The fetus will be either delivered dead or delivered alive and then die.

If someone criminally induced an abortion or miscarriage and the fetus is still alive upon

delivery and dies as a result of this action, then the payment of full blood money (diyah) will be

required. It would be same as the diyah of an adult man or woman.

If it is delivered dead, a compensation known as ghurrah must be paid. This amount has to be

paid regardless of whether or not the fetus had been endowed with a soul (by passing four

months from conception). However, payment of ghurrah will not be obligatory if the fetus has

yet to take on the semblance of a human form.

The nutfah (when the embryo is in the form of a coagulated drop) has no ruling pertaining to it

whatsoever. Al-Qurtubî relates that this is a point of consensus in Islamic Law. The same is the

case with the `alaqah (a leech-like clot) and the mudghah (when it resembles a morsel of flesh

which is not formed yet).

Determining whether full formation of the fetus has taken place must be decided by trustworthy

doctors after they examine the fetus.

If the fetus has taken on the semblance of a human form and is delivered dead, then the ghurrah

must be paid. The estimation of ghurrah which was mentioned in the hadîth as being equal to

that of a slave boy or girl. It is estimated as being equal to one tenth of his mother's diyah or one

twentieth of a man's diyah.

If we determine the ghurrah on the basis of a diyah of one thousand dinârs or 4250 grams of

gold, we take one twentieth of that, which would 212.5 grams of gold.

This would then have to be converted into its value in the local currency in order to be paid in

cash.

Using the camel as the determining asset where the diyah of the man is 100 camels, the ghurrah

will equal the value of five camels

Fatwa No : 86122

Paying (Diya) blood money Fatwa Date : Rajab 4, 1424 / 1-9-2003

Question If somebody has had an accident and has killed a person, how much

money does he need to pay (Diya)?

Answer

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our

Prophet Muhammad and upon all his Family and Companions.

The majority of Muslim scholars are agreed that the Diya (blood money) of a free Muslim man is

hundred camels for those who raise camels. This is the basic rule in evaluating the blood

money. Those who possess cows should pay two hundred cows, and those who possess sheep

should pay two thousand sheep, and those who possess gold should give one thousand Dinar,

and those who possess silver have to pay ten thousand or twelve thousand Dirham, and those

who possess suits of clothing two hundred suits. Know that the value of gold varies from time

to time and market to market.

The majority of Muslim scholars are agreed upon that camels are basically used for the

evaluation of the blood money but they are disagreed concerning the other things mentioned

above, if there are no camels.

The value of the blood money is fixed; it does not change whether the killing was accidental or

premeditated. However, the blood money becomes more dense in the case of premeditated

murder, especially if Diya is paid in the form of camels.

The killer in this case has to pay the blood money in three kinds of camels; i.e., 30 she camels

which had entered their fourth year, and 30 she camels which had entered their fifth year, and

forty camels which are pregnant. Or he has to pay in four kinds; i.e., 25 she camels which had

entered their second year, 25 she camels which had entered their third year, 25 she camels

which had entered their fourth year, and 25 she camels which had entered their fifth year.

While in the case of accidental homicide the type of blood money is much easier than the above.

He has to pay only hundred camels in five kinds as following: 20 she camels which had entered

their second year, 20 she camels which had entered their third year, 20 (male) camels which had

entered their third year, 20 she camels which had entered their fourth year, and 20 she camels

which had entered their fifth year. Know that the blood money of a woman is half the blood

money of a man.

However, the value of blood money in the current currencies varies from place to place and time

to time. One may find out the current value by consulting the banks or money exchangers, etc.

The details mentioned so far are related to the blood money of a free Muslim when he is killed. If

a Kafir (Harbi) who is in state of war with Muslim is killed, he does not deserve any blood

money. If the Kafir is not Harbi and he is among the People of the Book then his blood money is

the same as the blood money of a Muslim according to Abu Hanifa .

Imam Malik is of the opinion that his blood money is only half that of the blood money of a

Muslim.

Imam Shafie said: he deserves one third of the blood money of a Muslim. Every one of them

based his opinion on some evidences. There is a Hadith that the Prophet (Sallallahu Alaihi wa

Sallam) said: The blood money of the People of the Book is half that of Muslims . Ibn Hajar said,

it is reported by Ahmad and four complier of Sunan. Imam al-Khattabi said: there is no clearer

evidence concerning the blood money of the People of the Book than the above Hadith .

Therefore, you may know that the opinion of al-Malikiyah in this subject is stronger than the

others.

Allah knows best.

Blood money: women take on hard-line Islam in a campaign for

equal rights - Currentsby Tim Elliott

WHEN 19-year-old Roxana was killed in a car accident in Tehran, her father, Hadjimashhady,

was appalled to be offered dieh (blood money). A lawyer and avowed socialist, he refused to

take the money. 'It would not solve anything,' he says. 'This is a reactionary law. It is something

that belongs in medieval times.'

Nevertheless, in most Muslim societies, those responsible for someone's death must pay

dieh--a form of compensation to the victim's family. In Iran this amounts to one of the following:

100 camels, 200 cows, 1,000 sheep, 200 silk dresses, 1,000 gold coins or 10,000 silver coins. To

simplify matters, the authorities have devised a monetary equivalent of $18,750 for men, and half

that for women.

The law originally existed because the death of a man was seen to place a greater financial

burden on the family. 'But this argument is invalid,' says Fatemeh Rakei, head of the

Parliament's Committee for Women's Issues. 'Today you need two incomes to support a family,

and all over Iran women are having to work.'

Rakei and a group of Iranian women MPs are now campaigning to have blood money made

equal. 'The present situation,' she says, 'is insulting.'

Two-thirds of Iran's population is under 30. With the votes of women and students likely to be

decisive in February's election, the debate over blood money is the latest in a series of struggles

that is redefining Iran.

President Mohammad Khatami's promise to liberalize Iran's hard-line attitude to women has

been thwarted by the conservative clergy, and by institutions like the Guardian Council, a

powerful body of religious experts charged with ensuring all laws abide by Islamic principles.

As a consequence, Iran remains a country where wives can still be stoned to death for adultery

and allowing girls to ride motorcycles is hailed as a breakthrough.

Rakei believes that 'progress may be slow, but changing dieh is crucial because it involves the

value of a woman's life as defined by the state. Change dieh and other things may come.'

The Qur'an doesn't mention the actual rate of dieh. Only in the velayat, or narrations--a side-text

compiled by religious experts throughout the centuries--is it specified that blood money for a

woman should be half that of a man's. Some hard-line clerics--like Ayatollah Mahdi

Hadavi--believe the narrations to be as legally binding as the Qur'an. 'If you refer to the

narrations, it has been repeated many times that the blood money of a woman is half [that] of a

man,' says Hadavi.

However, the campaign to equalize blood money has been recently assisted by a senior cleric

by the name of Grand Ayatollah Yusef Saanei who has come out in support of Rakei's case. As a

Grand Ayatollah--one of only 15 in Iran--Saanei's backing buffers Rakei from attacks by

conservatives. 'Blood money is the price of a human life,' Saanei explains. 'Death occurs when

the soul departs the body. As men and women have an equal soul, so should they have equal

dieh.'

In addition, the proposed granting of equal dieh to 'infidels' (currently a twelfth that of a Muslim)

gives the campaign additional merit.

But despite Saanei's support, Rakei foresees an uphill battle. She and fellow MPs have drafted a

bill, which--even if it passes through Parliament--has to go before the Guardian Council. If they

reject her bill, she says she will resubmit it. 'Sooner or later,' she whispers, 'things will change.'

Unpublished Papers

A Charade of Change: Qisas and Diyat Ordinance Allows Honor Killings to Go

Unpunished in Pakistan

Stephanie Palo, Rutgers University - Newark

Abstract

This article begins with the story of Samia Sarwar. At age 17, Samia was forced to marry her

cousin by arranged marriage. After enduring years of abuse, she hoped to obtain a divorce and

sought the advice of her parents. Instead of advice, her parents threatened her life. While her

parents were making their Hajj pilgrimage, Samia fled and met with human rights lawyer, Hina

Jilani. While visiting in her offices, Samia was shot dead by an assassin hired by her parents.

Even though there is no doubt that Samia Sarwar was murdered, the current law in Pakistan has

allowed both her mother and uncle, the most obvious accomplices in Samia's murder, to remain

free. When the case went to court, her parents appeared as her heirs. The Qisas and Diyat

Ordinance allowed them to compromise. As was expected, they forgave the murderer, whom

they hired to kill their daughter. Since 1999, several amendments to Pakistan's Penal Code

(PPC), particularly the 2004 amendment and the Protection of Women (Criminal Laws

Amendment) Act of 2006, purport effective legislative action to end the honor killings and

gender discriminatory legal practices in Pakistan. However, until the Qisas and Diyat Ordinance

is removed from the PPC, the perpetrators of honor killings need not fear retribution because

many of these crimes are committed by or with the consent of family members. Pakistan must

revoke its Qisas and Diyat Ordinance to stop these heinous murders from going unpunished

and to prevent discrimination against women within Pakistan in accordance with international

human rights law.

All aspects the Qisas and Diyat Ordinance and it's significance to the women and laws of

Pakistan shall be examined: it's place within Pakistan's parallel legal systems, the history of

Shariah laws and the birth of the Qisas and Diyat Ordinance, the role of Islam in the

perpetuation of the Qisas and Diyat Ordinance, how the tradition of honor killings finds a safe

haven in the Qisas and Diyat Ordinance, how the act runs counter to the constitution of

Pakistan, and how the Qisas and Diyat Ordinance violates international law.

Confronting Honour Killings

ACHR Report

29 October, 2004

Asian Centre for Human Rights

The Pakistan government bulldozed the Criminal Law (Amendment) Bill 2004 against "honour

killings" in the National Assembly and adopted it on 26 October 2004 without any debate amidst

opposition walkout. While the Bill has for the first time officially acknowledged the existence of

this barbaric practice of honour killings, it is far from addressing the real issue of impunity

which encourages the practice. Just when the bill was being presented in the National

Assembly, enraged villagers in the hinterland of rural Punjab tied two persons to the railway

track for marrying against the will of the family elders and were crushed under the wheels of a

speeding train.

Hundreds of women are killed every year for alleged misdemeanours such as adultery, marrying

without the family's consent, pre-marital sex or having been raped. According to the Adviser to

the Prime Minister on Women Development, Ms Neelofar Bakhtiar, as many as 913 women had

been killed in 'honour- related crimes' in the country during the year 2003 with 638 cases of

honour crime committed in Sindh, 463 in Punjab, 120 in the North West Frontier Province and 40

in Balochistan. Human Rights Commission of Pakistan recorded honour killings of 329 women

in 1998, 303 women in 1999, 315 women in 2000, 227 women in 2002 and 290 women in 2002

based on the press reports. But many incidents are not reported in the newspapers and the vast

majority of the victims come from rural areas.

Criminal Law Amendment Act, 2004 and its provisions:

The statement of objects and reasons of the Bill states that the "issue of honour-killing and

other honour crimes committed in the name of 'karo-kari, siyah-kari and similar other customs

has always been a matter of concern of human rights organizations and the public which has

assumed more significance in the recent years".

The Criminal Law Amendment Act, 2004 which proposes amendments of the Pakistan Penal

Code (PPC), 1860 enhances punishment for the offence of murders carried out in the name of

honour. However, the word 'honour killing' has been replaced with 'honour crime' to make it

mild and acceptable to various sections of the society.

Under amended Section 299, Act XLY of 1860 PPC, 'honour crime' will mean an offence

committed in the name of 'Ghairat' or honour or for "vindication of Ghairat or honour and

includes honour killing and the offence committed on the pretext of karo-kari, siyah-kari or

similar other customs". In clause 'm' it seeks to add at the end the words 'other than the person

who has murdered the victim'.

Under amended section 302, Act XLY of 1860, honour crimes carry a maximum imprisonment of

25 years and not less than 10 years for the offence. Amended Sections 310 and 331 of the PPC

prohibit giving a girl in marriage as 'badla-i-sullah' and any offence under these sections carries

maximum punishment of 14 years imprisonment and a minimum of not less than seven years of

imprisonment.

Amendment to section 324 seeks to include the hurting of a victim as an honour crime. Similarly

'Ta'zir' shall not be less than one-third of the maximum imprisonment provided for the hurt

caused and shall not be less than half of such imprisonment term if the hurt caused relates to

honour crime.

The Bill further provides that for investigation of an offence under section 295-C of PPC for

blasphemy, no officer below the rank of superintendent of police (SP) will be eligible. An

amendment to section 56B envisaged that no police officer below the rank of Superintendent of

Police shall investigate the case of a woman accused of the offence of adultery.

Qisas and Diyat Law prevails:

The Criminal Law (Amendment) Bill 2004 against 'honour killings', however, did not address the

real issue of waiver or compounding in which the perpetrators were given the advantage of

seeking forgiveness from the heir of the victim. The major flaw in the Qisas and Diyat law, which

covers all offences against the human body, is that it makes such offenses compoundable

(open to compromise as a private matter between two parties) by providing for qisas

(retribution) or diyat (blood-money). The heirs of the victim can forgive the murderer in the name

of God without receiving any compensation or diyat (Section 309), or compromise after

receiving diyat (Section 310).

Most honour killings are usually committed by close relatives - father, brother, son, or husband

of the woman. According to the Human Rights Commission of Pakistan, the persons accused of

honour killings between 1998 and 2002 involved 462 persons who were brothers, 395 persons

who were husbands, 217 persons who were relatives, 103 persons who were fathers, 60

persons who were involved, 58 persons who were sons and 44 unknown persons. Often, the

victims are the most vulnerable members of the family or community. In either case, if and when

the case reaches a court of law, the victim's family may 'pardon' the murderer (who may well be

one of them), or be pressurised to accept diyat ('blood-money') as compensation. The murderer

then goes free. Impunity has been the single most important factor encouraging honour killings.

As the Criminal Law Amendment Bill does not address the issue of waiving and compounding,

the perpetrators will continue to be able to escape punishment.

The Supreme Court of Pakistan in various judgements reiterated that "Neither the law of the land

nor religion permits so-called 'honour' killings and it amounts to intentional murder

('qatl-i-amd')" noting that "such iniquitous and vile" acts violate the fundamental rights as

enshrined in Article 9 of the Pakistan Constitution which provides that no person shall be

deprived of life or liberty except in accordance with law". Article 8 of the Constitution of

Pakistan provides that "Any law, or any custom or usage having the force of law, in so far as it

is inconsistent with the rights conferred by this Chapter (Fundamental Rights), shall, to the

extent of such inconsistency, be void". The failure to uphold the right to life guaranteed under

the Constitution is at the heart of the crisis, not lack of provisions in the Pakistan Penal Code to

combat honour killings. Unless the Senate takes measures to amend the Criminal Law

Amendment Bill 2004 to ensure that State takes the responsibility for registering, investigating

and prosecuting the accused of honour killings without any scope for waiver or compounding

under the Qisas and Diyat law, cosmetic gesture is unlikely to be able to curb cultural cruelties.

Doctor pays Diyat to woman's heirsFriday, June 12, 2009

By our correspondent

Karachi

One of the three accused doctors in an accidental death case has paid a compensation (Diyat)

amount of Rs0.42 million to the heirs of Wasila Bibi who died after medical complications

following her caesarean section operation at a private hospital.

Both the victim's family and accused, Dr Sughra, entered into an out-of-court settlement. The

case is being heard by Additional District and Sessions Judge (South) Nizar Ali Khawaja. Wasila

Bibi's husband, Sikandar Shah, along with his children was present in the court on Thursday

and they forgave Dr Sughra who paid Rs 0.42million as Diyat.

Waseela Bibi died on June 2, 2001, two days after her caesarean section operation at the Delhi

Punjabi Saudagaran hospital. Three doctors - Dr Sughra, Dr Qamar and Dr Nargis Shamsi - had

conducted the operation on May 30, 2001.

In the last hearing, defence counsel Sarfaraz Tanoli told the court that the doctor had entered a

compromise and was ready to pay Diyat. Deputy district public prosecutor raised objection that,

unless the children of the deceased forgave the accused, a compromise could not be accepted.

The statements of two other doctors - Dr Qamar and Dr Nargis - would be recorded on the next

date of hearing on July 1.

Sikander Shah had registered an FIR (106/01) in the Frere police station under sections 319

(murder by mistake) read with 34 (common intention). All the three doctors were out on bail.

Earlier, the court had sentenced the accused to five years of rigorous imprisonment and

payment of Diyat of Rs 420,000.

The accused, however, moved the Sindh High Court on October 18, 2008, which ordered that a

trial should be conducted in the sessions court. The court sought the opinion of Dr Nusrat, head

of the Gynae Ward at the Civil Hospital Karachi. In her report, she confirmed that all the three

doctors were involved in the death of Waseela Bibi after the operation.

After the operation, the patient developed chest pain and she was not shifted to the intensive

care unit, while the three doctors, who were qualified as basic MBBS', did not consult any

surgeon for the operation, the court was told

Dawn

April 9, 2006

Heavy diyat saves two Vani girls By Our Correspondent

MIANWALl, April 8: Two Vani girls were divorced by their spouses on Saturday after

paying 'diyat' amounting to Rs170,000 on the intervention of Daudkhel police and due

interest taken by area notables. A few days back a marriage party returned without brides

in Daudkhel Town, some 22km from here, when a religious leader had refused to perform

their 'nikhas'

The girls had got 'khula' from a ramily court from their exhusbands with whom their

nikah had been solemmsed In chIldhood under the Vani tradition,

The Mulana said the family court could not dissolve the earlier nikah of the girls as

judges were not qualified as Qazi of the Shari at court.

He said the earlier nikah of the girls by their 'walis' stood valid despite the fact that the

same had been performed under the Vani tradition.

Reports said in April 1985, one Amanullah Khan had been booked under section 302 of

the PPC for the murder of Attaullah Khan of Daudkhel over a land dispute.

A Mianwali sessions judge had awarded him death sentence, Later, elders and common

friends of both the parties intervened and reached a compromise against Rs250,000 and

hands of two daughters of the convict were given in Vani to two sons of deceased

Attaullah,

Verbal nikah of Kulsoom BiBi (6) with lkramullah Khan (7) and Nusrat BiBi (8) with

Saifullah Khan (12) were performed in 1990 by their walis. After the compromise,

Amanullah Khan was acquitted.

With the passage of time, both the girls got education up to graduation level while the

boys remained illiterate, When the girls came of age, they refused to honour their elders'

decisions and approached NGOs and the police,

On the other hand, the boys filed petitions for the custody of their wives. The family

court dissolved both the marriages under 'khula.'

After' khula', marriages of both the girls were arranged and the Maulana refused to

perform fresh 'nikah,'

After press reports, the IGP ordered Daudkhel SHO Ahmed Abbas Khan to solve the

matter amicably. The SHO summoned both the parties along with notables of the area

and succeeded to convince the bridegrooms to divorce the girls against Rs 170,000

'diyat.'

123RD INTERNATIONAL SENIOR SEMINAR

PARTICIPANTS' PAPERS. It also prescribes deterrent laws in conformity with the dictates of reason, justice and

humanity.

The individualization of punishment under Islamic law is fundamental, whether as to Hadd,

Qisas or Tazir.

The Diyah, by contrast, is not strictly punishment, but is in the nature of compensation, which

must be paid to the victim as reparation for injury. It is sometimes confused with punishment

because the amount of compensation is specified in advance. That practice is evidence of the

firm adherence to the principle.

Difference between Qisas and Revenge

There is a difference between Qisas and Revenge. In revenge, the punishment inflicted on the

offender is neither equal nor similar and some times innocent people can become a victim of

revenge. While in qisas the equality of quantum of crime and of punishment is strictly adhered

to. The law requires that a person shall not inflict a greater degree of harm than that which has

been inflicted. If equality in awarding punishment by way of qisas is not practicable or possible

then some other punishment is awarded. Secondly the process of revenge goes on between

strong and weak while qisas is awarded by the order of the court and the entire community is

under an obligation to help the victim until qisas is executed.

Preference of Diyah over Qisas

As between Qisas (just-retribution) and Diyah (blood money), the Quran clearly indicates the

preference for the Diyah and forgiveness. Islam recommends reconciliation in murder cases so

that peace and tranquility emerges ultimately. Murder is a compoundable offence under the

existing law.

Thus, the combination of Diyah and forgiveness produces a powerful material and spiritual

inducement toforsake Qisas as retaliation. Consequently, one must interpret the crimes of Qisas

as being based on ageneral deterrence policy which recognizes the victim's sense of

vindictiveness against his aggressor, while limiting the consequences of the penalty to the harm

done and establishing the alternative remedies of victimcompensation or outright forgiveness.

Qisas in Hurt Cases

The law includes many detailed provisions regarding cases of hurt and "Itlaf" (total or partial

damage to any limb or organ of the body) and has provided for "Arsh" "Zaman" and "Diyah" as

various modes of compensation. In cases where extreme punishment of Qisas is not an

adequate relief, Diyah is payable according to the yardstick fixed by law. At times, the full

amount of compensation in the form of Diyah is payable to the aggrieved whereas, at other

occasions, only a proportionate amount of Diyah is recoverable. If, for instance, the sole organ

or limb of a person is totally damaged due to the act of an individual and he is deprived of

making use thereof permanently, the full amount of Diyah would be recoverable. The cutting off

of the nose etc. of an individual can be quoted as an instance. If both organs or limbs like

hands, eyes, feet are damaged, full compensation in the form of Diyah would be payable but if

one of the two is damaged then proportionate Diyah to the extent of one-half would be payable.

This principle would follow in other cases as well.

It should be noted that in certain circumstances, a fine could only be imposed if the damage

caused is of a negligible extent. If a person has, for instance, six fingers of a hand and damage

is caused totally or partially to the sixth additional finger, no compensation in the form of Diyah

can be recovered. But the aggrieved person can only approach the court that shall award him

reasonable compensation by imposing a fine on the offender. Similarly, if certain damage is

caused to a sexual organ of an impotent male person, the victim can only be compensated by

way of payment of a fine because it cannot be said that he suffered an irreparable loss.

The fact cannot, however, be lost sight of that in certain cases a larger amount of compensation

by way of Diyah can also be granted if the damage caused is of an extensive nature. If, for

instance, one of the teeth out of 32 teeth is initially damaged but the said damage has also

adversely affected the remaining 31 teeth, the offender must compensate the victim for the

damage caused partially to the said 31 teeth.

Other Expenses Recoverable

It would be an injustice to the victim, if he is not awarded compensation for the injuries

sustained, but rather left to expend his own money on the treatment of the inflicted injuries. The

present law is not oblivious to the practical difficulties and the hardships of the victim and has

specifically provided that th victim must be given adequate relief and compensation for the

following: -

1. Hospital expenses.

2. Pain and suffering caused by the injury and

3. Pecuniary loss.

Provision for Negligent Driving

Negligent Driving and other rash acts causing hurt entail criminal punishment under the law

besides "Arsh" and "Daman" specified for the offence.

Aaqilah

Sometimes an offender may be helped by his community to pay the blood money. When death

has been caused by negligence or mistake, Aaqilah of the offender i.e. those who have a

common interest with the offender arising out of their profession or simple neighborhood or the

merchants who occupy premises in the same market, must pay the blood money to heirs of the

deceased. The reason is that it is the duty of the person's Aaqilah to watch over his conduct and

the law presumes that the wrongdoer would not have acted in the way he did, unless they

neglected their duties. In this way his community has been burdened with the so-called light

penalty.

Qasamah

To prevent crime and making every locality conscious of being a helping hand in the overall

objective of good order in society another novel concept has been introduced by the law, which

is called "Qasamah".

It is a general term for oath. As Qasamah means, "to divide", we seem to have here the usual

transition between the meanings to cut and to decide so that Kasam' would be the deciding,

strong word. If a dead body is found in a certain locality with signs of foulplay on it the heirs of

the deceased are entitled to select a maximum of fifty inhabitants from the place to take an oath

that none of them killed him. If they take the oath then the competent court of jurisdiction has

the discretion to nominate several or all of the inhabitants for the payment of blood money.

Whoever refuses to take the oath shall be kept in simple imprisonment until the time of his

confession, or his willingness to take the oath, or disclosure of information pertaining to the real

murderer. Similarly, if a dead body is found at the door of a man's house he will take the oath

and if he swears that he did not kill him, then the court will decide as to whom is liable for the

payment of Compensation.

Ghurrah

Ghurrah (compensation) is due in the case of destruction of an embryo or a fully formed child

still-born as a result of assault suffered by the mother during her pregnancy. Thus the law

provides an effective remedy in case of injury to unborn children. From the above discussion, it

is vividly clear that the Penal law of the country has provided ample opportunities of

compensatory justice to the victim in the shape of Qisas, Diyat, Arsh, Zaman, Aaqila, Qasamah

and Ghurrah. As mentioned earlier no homicide, hurt, injury or damage remains

uncompensated, but despite the prevalent law, the ideal results in the area of restorative justice

are yet to be achieved.

2. Haddood Ordinances of 1979

Hadd means to check or stop. It also means measure, limit and in law it means a punishment,

the measure of which has been definitely fixed by the Holly Quran and Sunnah i.e. by the Holly

Prophet (peace be upon him). The major crimes covered under this category are theft, robbery,

illegal sexual intercourse, drinking of alcohol etc.

Since Islam as a religion carries a full social system in its lap, therefore it has provided a

complete societal restorative system for the tranquility, harmony and health of the society as a

whole. In Pakistan, offences against the Property Ordinance, Zina Ordinance and Prohibition

Order envisage such provisions. A detailed discussion of these laws will infringe the remaining

topics.

In Islam the various categories of punishment have been prescribed according to the nature,

type, and its impact on the society or the individual victim. If the offence infringes the rights of

Allah or in other words if it is against the good order and welfare of the entire community then

the punishment is harsh. If it is a matter concerning the individual then leniency can be adopted,

which may even include forgiveness by the victim and his family, as well as patching up of the

matter through compromise.

B. Pilot Programmes or Schemes for Crime Victims

As far as pilot programmes or schemes meant for deliberate or concerted efforts on the part of

government are concerned, no such initiative has been taken or is in the offing. Statistical

information or evaluation of outcomes is therefore out of the question.

C. Measures to Protect Victims of Crime

In Pakistan victims of crime can only be protected through tougher bail conditions and the

police by the request of and at the victim's expense. Similarly there is no quasi-legal setup for

swift victim restoration.

Compensation paid by the offender after compromise reached through the efforts of

elders/notables of the locality is the only restoration. We are not in a position to provide

separate rooms in courts for victims, witnesses and offenders. Victims of crime have to appear

before the court of law in order to record their statements. Similarly there is no organizational

set up for any immediate and direct support for the victims of crime.

D. Participation of Victims in the Criminal Justice Process

The victim has a right of complaint, right to arrange a private prosecution for his case, and a

right to record his statement in the court of law. If he has entered into a compromise with the

offender, on the victim's request the offender can be released in compoundable cases.

E. Provision of Information to Victims of Crime

The law of Pakistan provides for the giving of information to the victim of crime at different

stages in a criminal proceeding. At the time of registration of a criminal complaint he receives a

copy of the registered First Information Report. On the eve of arrest of the offender, he is called

for the purpose of an identification parade. As per the law the state is bound to inform the

complainant at the time of submission of the complete case file to the court for trial.

F. Problems

1. Lack of Governmental Interest

Pakistan, as a country, has not been able to formulate any such deliberate programme or

scheme to protect the rights of victims. Nor is it on the agenda to envisage a targeted law for

such an issue. Why is this missing? Frankly speaking, it is not a priority of the government.

Firstly we as a country have been struggling for political stability since independence in 1947

and have not been able to strengthen our cardinal institutions. Secondly, financial constraints of

the government hamper any such initiative.

2. Divergent Social Conditions

In a country, which is heterogeneous in social systems, geography and ethnicity, it is not

possible to follow an agenda of directed change as is required to provide for a victim protection

system.

3. Illiteracy and Backwardness

Since the conceptual framework for the purpose is missing, development of institutions is

unthinkable. Such concepts are concomitant with the economic development that, in turn, is

dependent on the educationlevel and infrastructure of a country. We as a country are still living

in a developing stage having a low literacy rate, battered governmental institutions and

backwardness. We are suffering from some intrinsic handicaps since independence, which

have inhibited us from progress.

4. Lack of Community Interest

On the other hand, individuals or community organizations are also not interested in the

phenomenon. In fact there is a problem of awareness. We as a society have not been able to

take up the issue. Sporadic efforts are there, for example some NGOs are working for rape

victims or against child abuse. But their role is negligible, cosmetic, and dubious in nature.

G. Solutions

1. Awareness Campaign

Although the concept is concomitant with the development as discussed above, an awareness

campaigncould be started for the issue, and it would definitely serve the purpose. The first step

in achieving theobjective should be conceptualization of the issue. This would be through

interaction with those people who are running the system in different developed countries. The

Present seminar will provide an opportunity for member developing countries for

conceptualization of the issue. Such seminars will trigger an awareness campaign and

development of crime victim protection institutions will follow.

2. Role of Community

Since the government of Pakistan is not in a position to prioritize the issue, the role of

community-based organizations has become more important. Developed countries as well as

individuals of the society shoulddole out funds and human resources for the establishment of

restorative institutions.

3. Role of Government

On the other hand the legal aspects required for the development of crime victim institutions

should becovered through legislation by the government. Deliberate and concerted efforts are

needed on the part ofthe government in order to provide a legal framework and motivation to the

community based organizationsfor taking up the issue.

II. RESTORATIVE JUSTICE APPROACHES

A. Current Situation

Restorative Justice as such is a new and emerging concept having a bearing upon the

restoration andrehabilitation of crime victims and offenders. It can be defined as a systematic

response to wrongdoing thatemphasizes healing of the wounds of the victim caused or revealed

by crime. It is not a quasi-legal pluralistalternative to the modern juridical order. It is a

middle-range paradigm, a stabilizing influence fosteringconfidence in mainstream legal and

political institutions.

In the backdrop of the above-mentioned concepts, Pakistan as a country is not following a

deliberate and specific programme for achieving a restorative justice system. However the

present laws related tocriminology envisage provisions, which can become the basis for

adopting a balanced restorative justice approach. These laws include;

(i) Qisas and Diyat ordinance: as discussed in the previous pages.

(ii) Juvenile Justice System Ordinance-2002

In a deliberate effort the government of Pakistan has enacted a law for Juvenile delinquents. The

main thrust of the law is on restoration, and rehabilitation of teenagers who are booked under

certain offences so that they can again become useful members of the community.

1. Salient Features of the Act

Although deficient in certain critical areas, the Act incorporates several provisions that add to

the protections afforded to children under domestic law. These provisions include:-

(i) Requiring provincial governments to establish one or more juvenile court for each local area,

with exclusive jurisdiction over cases involving children.

(ii) Granting children a right to counsel at government expense and providing that

court-appointedcounsel have at least five years of standing in the profession.

(iii) Prohibiting the imposition of the death sentence, amputation, or whipping of children, or

assignment to hard labour while in a "borstal or other such institution".

(iv) Prohibiting the imposition of handcuffs, fetters, or corporal punishment on children" at any

timewhile in custody.

(v) Prohibiting the arrest of children below the age of fifteen under laws relating to preventive

detention or vagrancy.

(vi) It specifies the persons who may be present during a juvenile trial, and prohibits publication

of the proceedings of a trial without the juvenile court's authorization.

(vii) Immediately upon the arrest of a child, police must notify his or her guardian as well as a

probation officer, who is to prepare "a report on the child's character, education, social and

economic background".

(viii) On taking cognizance of an offence the juvenile court shall decide the case within four

months.

B. Absence of Targeted Programmes

As far as targeted programmes like VORP or VOM or FGC are concerned, these are post-dated

concepts for our country. We have the basic laws which provide a foundation for a restorative

justice system but such programmes need more awareness, community participation and the

will of the government. We do have the conciliatory committees, peace committees or mediation

councils but those are informal and specific to certain communities of the country.

C. Conducive Conditions

Conducive conditions for adopting a diversion system for restorative justice vary from social

group to social group. Pakistan as a heterogeneous country cannot follow a uniform approach

for the purpose. It is full of divergent social setups having their peculiar norms of taking on the

victims of crime and offenders. D. Fate of Outcomes of the Restorative Process Outcomes of a

restorative process are, legally speaking, bound to be ratified/validated by a court of law if a

legal process in a certain crime case has been put into motion. However, it is a well established

judicial practice in Pakistan that decisions coming out of a restorative process are ratified &

validated by the court of law especially in compoundable offences like murder, etc. Though

criminal law or procedure in the country does not specifically provide for such restorative

process the compoundable nature of certain offences allows the adaptation of the restorative

process.

E. Ensuring Clause

Different social groups ensure out of court settlements as the courts in Pakistan entertain the

outcomes of a Restorative process. Social pressure in the phenomenon is an ensuring clause.

However courts are not bound to necessarily ratify the compromise.

F. Problems and Solutions

Pakistani society as a whole enjoys a well established family system and tribal affinities. We are

well interwoven in our social groups, especially in rural areas. Resolution of conflicts and

problems through a committee of elders (conciliation committee) has been a norm in our rural

areas since long ago. We are not facing the problem of anomie or "Lonely crowd syndrome" as

is faced by the developed world specially the west. Therefore adopting a well-defined restorative

justice approach is not as difficult as it would be in the west where ' neighborhood' does not

exist. However, since we are passing through a transition phase in which urbanization has been

a hallmark, therefore family institutions & primary groups are bound to break.

We are going towards the stage of "Lonely crowd syndrome". Therefore I see this time as ripe

for adopting modern techniques & approaches of the restorative justice process.

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