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Qisas and Diyat: Legal reform to ensure murderers get away no more
ISLAMABAD: The government is set to reform the controversial blood money laws that allow murderers to escape punishment if they are forgiven by their victim's heirs, the prime minister’s special assistant on legal affairs said on Thursday.
Critics contend that the law, which was passed in 1990, allows the wealthy and the powerful to walk scot-free from homicide convictions either by intimidating their victim's loved ones, making them a financial offer that they cannot refuse, or both.
The Qisas (retribution) and Diyat (blood money) law was famously invoked in the case of Raymond Allen Davis, a CIA contractor who shot two men dead in Lahore in 2011.
The incident sparked a diplomatic furore which was only resolved when Davis was pardoned in return for a $2.4 million settlement with the men's families.
The 2012 killing of 20-year-old Karachi student Shahzeb Khan by two young men, who belonged to powerful political families, also drew national outrage after Shahzeb's parents pardoned the killers — reportedly due to threats.
But under the proposed reforms, a pardon can only be granted if a murderer has been convicted, according to Ashtar Ausaf Ali, the special assistant to the prime minister on legal affairs.
And a convicted murderer will have to face a minimum of seven years in prison, even if they are pardoned by their victim's relatives and avoid the death penalty, Ali said.
“This law has been abused,” he said. “This abuse was to the degree that influential and rich people would get away with murder, literally.”
Furthermore, a murder convict must have confessed to his crime before a trial has taken place in order to be eligible to seek such a pardon; or have been convicted on the basis of the eye-witness testimony of two upstanding Muslim men — a condition that is unlikely to be fulfilled in reality.
Know more: Pros and cons of Qisas and Diyat law
According to Ali, a pardon would no longer be enough to avert a prison term.
“Forgiveness is with God. To safeguard the rights of a person is the obligation of the state.”
The proposed changes are likely to be tabled in parliament next month and have also received the blessing of prominent Islamic scholars, Ali added.
According to “The application of Islamic criminal law in Pakistan” by scholar Tahir Wasti, Pakistan's murder conviction rate dramatically declined from 29 per cent in 1990 to just 12 per cent in 2000 after the enactment of the Qisas and Diyat law.
The percentage of cases that were cancelled before they were brought to court meanwhile more than doubled in the same period as police “availed the loopholes in the new law”.
Comments (34) Closed
Murder is murder, it does not matter who commits it. The law should see all equally without exception.
Seven years prison term is not enough. After paying the blood money, the death sentence may be converted to life in prison.
Superb. In US, a traffic violator who runs from police gets 35 years in prison. In Pakistan, even a life imprisonment is 14 years which further reduces to 7 years with all the remissions, counting of day and night and other funny rules. Put a murderer behind bars and forget him is the only deterrent that will keep in check the rising crime rate in this country.
With all the respect to the S.C and the petitioners carry on whatever reforms you want to do but any sort of forgiveness to the killers and murderers of innocent people should not be granted.
In any real country where safety of ordinary citizens is paramount, such discussion of pardon and blood money would be unheard of. Seven years in vip prison for killing a poor person is no punishment. After all the rulers have to protect their spoiled kids a little bit.
"..eye-witness testimony of two upstanding Muslim men ..". Seriously? Why not other faiths? What constitutes 'Muslim' with different sects in Pakistan? 'Upstanding' by whose definition?
proposed amendment not enough. this should be scrapped altogether.
Killer is a killer and no money can bring victim back. Punishment should not be negotiated just because they can pay money.
good move
Now is the test for Pakistan's future justice...change this law...and deal with these two test cases of the sons of two rich and powerful...if justice is done now and the laws amended this will become the turning point for Pakistan...Inshahallah
A little late in the day.....but something is better than nothing.
Great step.
@Naveed I agree. But politically this is a good balance and step in the right direction.
Those who have money can kill and buy-out but, what about the poor?
Finally better sense prevails.It is a step in the right direction.
@Syed Qisas and Diyat existing law is as per Islamic laws, scrapping them is wrong, it may be changed or modified after taking point of view of Islamic scholars. Islamic rules are divine laws and as far as possible should be respected.
Dont take their money, instead punish them what they did with the victims.
Justice should be done now without any political party interference.
Actually govt wants more money they are using them for their own money making purpose.
@Riz they dont have sufficient income to pay how can you say they can.
@Muhammad - I totally agree otherwise rich and powerful will keep committing crimes and go free.
Good approach.
Kill some one, pay, and you are home free. It is ridiculous. It's a law of stone age.
Some states have abolished death penalty, in favor of life in prison without parole. That is a separate argument. But buying pardon for money is completely wrong.
Finally. Someone sees the injustice of these Diyat laws. They made no sense in these times.
The ugly ghosts of Zia been washed away.
In Western societies, criminals who commit murders are sentenced to whatever sentence they deserve (life or term), and on top of that, the victims families can sue them in the civil lawsuit, where they can collect financial compensation. I don't see anything wrong with implying such laws in Pakistan, as well!
Voice of the crying mother has shattered the Arsh of God.
Dear Government, 7 years are not enough. It should be converted into life sentence. May God be with you.
Good, bold and courageous initiative.
We need to stop this nonsense of treating murder as a private issue between the victims family and the accused. If they kill once, they will often kill again. Accepting blood money and giving them a pardon means that another person might be killed.
Don't they know Qisas and Deyat is for accidental death only? If killed intentionally, there is no Qisas or Deyat.
It will be good to know who was the parliamentarian who presented this law back in 1990 and which parliamentarians voted in its favor
@Muhammad that is the recommendation of Fiqh Council of America. They say that payment of blood money only takes away the top punishment.
So the money converts your sentence to life. Also you must be convicted first.
Even if there is uproar and anger by religious leaders, this law should be totally struck down.
Speaking of blood money,what about the corrupt BIG politicians who steal the blood from the people of Pakistan and never get a day in court?