ENGLISH 4 TOPIC: HADOOD AND QISAS LAWS IN PAKISTAN AN ANALYTICAL STUDY
IN THE LIGHT OF QURAN & SUNNAH
DOI:
https://doi.org/10.47720/hi.2021.0503e04Keywords:
Hadd, Qisas, Ta’zir, Punishments, Views, Jurists, Discretion, Mercy petitionAbstract
In Islamic legal system crimes are of three types: Hadd, Qisas and Ta’zir. The Hudood are fixed punishments. Western jurists and scholars mark considerable condemnation on such sort of penalties. Some Muslim scholars and jurists follow them, who try to demonstrate right and correct follow Sir Syed, etc. but ignore the views of the majority of Muslim jurists, Mufasserins, and Hadith-o-Sunnah’s narrators. In this research article definitions of Hadd, Qisas and Ta’zir are elaborated. In the Hudood case, no recommendation for withdrawal of the case can be made when it is reported, nor it can be waived even by the victim or his legal heirs. But in Qisas, it can be compromised & waived by the victim or his legal heirs. Ta’zir is the discretion of the state to punish or acquit the accused and discretion is exercised by the Judge of the Court or head of the state in a mercy petition.
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