PESHAWAR, Feb 14: Participants of a consultative workshop termed traditions of Swara and Vani pre-Islamic and inhuman and urged the government to declare these customs penal offences.
The three-day-long workshop, organised here by the National Commission on the Status of Women for seeking views on issues related to Qisas and Diyat laws, concluded here on Saturday.
During the first two days of the workshops, religious scholars and civil society representatives expressed their opinions on the said law, while on the final day, lawyers and law department officials expressed their views on the subject.
Participants included former attorney-general for Pakistan Qazi Mohammad Jameel, Deputy Advocate-General of NWFP Malik Ahmad Jan, lawyers Mian Hisamuddin Mian, Hashim Raza, Ajmal Khan, Akhtar Ali Khan and others.
A majority of the participants observed that the offences under the Qisas and Diyat were against the state's legal order as the state was responsible for the lives and property of its people.
However, under the law, the legal heirs of the victim were vested with the right to demand Qisas or compound the offence (strike a compromise) and accept Diyat.
It was agreed that honour-killing, known as karo-kari in Sindh and Siya-Kari in Balochistan had no relevance in Islam.
Participants said the state must take strict measures to check such crimes and stop the misuse of the law of the Qisas and Diyat in such cases, adding these offence should be made non-compoundable and offenders should be given exemplary punishment to deter potential perpetrators.
It was also observed that women victims of domestic violence were rarely compensated. They said it was the responsibility of the state to provide justice and protect the oppressed sections of the society, adding even in cases where the offence was being compounded, the compensation should be made mandatory for women or their families and the accused should be punished under Tazeer.
It was recommended that prevalent laws should be amended as there was no exemption from punishment in Quran and Sunnah for a person guilty of murdering his wife, especially in cases where minor children were left behind as legal heirs.
It was also suggested that no offence under Qisas and Diyat be compounded until and unless the completion of trials. On the completion of the trial, legal heirs of the victims might demand Qisas or compound the offence.
However, participants observed that the state should retain its right to punish the offender even if the offence was compounded.
Earlier, Justice (retd) Majida Rizvi, chairperson of the commission, gave a detailed briefing on the objectives, functions and activities of the commission.




























