01 February 2004	Sunday	09 Zilhaj 1424

QUETTA, Jan 31: Killing in the name of honour, Karo-kari and Siyah Kari has no link with Islam at all and it was the responsibility of the state to take strict measures against these crimes.

It was unanimously observed on Saturday at the concluding session of a three-day consultation meeting on Qisas and Diyat Ordinance. The National Commission on the Status of Women (NCSW) organized the meeting and its chairperson Justice Majida Rizvi presided over the event.

Participants were of the view that wherever these crimes were rampant, the state must adopt strict measures to check them and stop misuse of the law of Qisas and Diyat. They said the law should be amended so that the offence could not be compounded and offenders be given exemplary punishment to teach a lesson to the potential perpetrators.

The last-day session also observed that the women who were victims of domestic violence were hardly compensated. Since it was the responsibility of the state to provide justice and protection especially to the oppressed section of society, even in cases where the offence was being compounded, the compensation should be made mandatory to the women or their families and the accused must be punished.

The participants said there was no provision in the holy Quran and Sunnah that a person who was guilty of committing murder of his wife be exempted from Qisas in cases where minor children were left behind as legal heirs.

They unanimously opined that Vavi and Swara were pre-Islamic traditions and had no place in Islam. They, therefore, must be condemned and strict punishment should be awarded to the accused of these crimes.

The speakers strongly suggested: "No offence under Qisas and Diyat be allowed to compound until and unless trials are completed." After this, legal heirs of victim may demand Qisas or want the offence compounded. However, the state has right to punish the offender even if the offence is compounded.

It was strongly recommended that the circumstantial evidence must not be allowed to resile even if the witness turn hostile.

"Provision under Section 313 of the PPC is discriminatory and requires amendment," the meeting said and observed that Section 304 of the PPC regarding the proof of Qatl-i-Amad was liable to Qisas, etc. It was also required to be amended.

It was also unanimously spelled out that the offence under Qisas and Diyat are against the legal order as the state was responsible for the protection of the lives and property of its people. However, the legal heirs of the victim are vested with the right to demand Qisas or compound the offence and accept Diyat.

Earlier, speaking at the meeting, Justice Majida Rizvi gave a detailed briefing on the objectives, functions and activities of the commission.

Syeda Viquarunnisa Hashmi, research associate of the commission, gave a presentation of the research on the concept of justice in Islam.

Prominent lawyers, parliamentarians, religious leaders and people from different walks of life attended the meeting.