PESHAWAR, March 28: The Federal Shariat Court on Wednesday admitted for full hearing a petition challenging the Qisas and Diyat law. A full bench comprising Chief Justice Hazikul Khairi, Justice Dr Fida Mohammad Khan and Justice Salahuddin Mirza put on notice the attorney general of Pakistan and advocates general of the four provinces. The court fixed April 23 for the next hearing in Islamabad.

The petition, filed by advocate Abdullah Sani, had been pending before the court for about a decade. The petitioner has challenged the Criminal law Amendment Act of 1997 (Act No 3 of 1997), popularly known as the Qisas and Diyat law, through which about 40 sections of the Pakistan Penal Code were amended.

Mr Sani argues that “qatl-i-amd” (intentional murder) cannot be compounded and provisions dealing with compromising and compounding intentional murder are un-Islamic.

The impugned law was first introduced in 1990 through the Qisas and Diyat Ordinance and 40 provisions of the Pakistan Penal Code dealing with murder and injuries (section 299 to section 388) were amended. Successive governments continued promulgating the ordinance because the constitutional life of an ordinance is four months.

Finally, the Nawaz Sharif government gave a permanent status to it when the Criminal Law Amendment Act of 1997 (Act No 3 of 1997) was passed by parliament on April 10, 1997.

Mr Sani contends that the Act is un-Islamic and should be declared violative of Islamic injunctions. He states that nowhere in the Holy Quran is it mentioned that intentional murder can be compounded or compromise can be made on it. He states that only “qatl-i-khata” (unintentional murder) can be compounded.

The petitioner has also challenged the fixation of Diyat (compensation payable to heirs of a victim) by the government, saying it is against injunctions of the Holy Quran. He claims that nowhere in the Holy Quran has the worth of a human life been given. Therefore, the government has no authority to specify the same.