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Questions and Answers
What is Qisas and Diyat?
What is Qisas and Diyat?
All criminal offences against the person such as physical assault resulting in the wounding or the killing of the individual have been amended repealing the previous ones by Qisas & Diyat Ordinance 1991 to bring them in conformity with the injunctions of Islam as laid down in the Holy Qur'an and Sunnah.
From the medical point of view, a break in the body tissues, externally or internally, is termed as injury or wound.
From the medical point of view, a break in the body tissues, externally or internally, is termed as injury or wound.
True (A)
How does the Pakistan Penal Code define injury?
How does the Pakistan Penal Code define injury?
As any harm caused illegally to any person in body, mind, reputation or property.
What did the Qisas & Diyat Ordinance 1991 introduce?
What did the Qisas & Diyat Ordinance 1991 introduce?
What are the provisions for the grant of compensation for criminal damages?
What are the provisions for the grant of compensation for criminal damages?
What is Arsh?
What is Arsh?
In the law, what does hurt mean?
In the law, what does hurt mean?
According to Islamic law, killing of fetus is illegal and is called miscarriage.
According to Islamic law, killing of fetus is illegal and is called miscarriage.
What is therapeutic abortion?
What is therapeutic abortion?
During which trimester of pregnancy can a pregnant woman and her physician make a decision?
During which trimester of pregnancy can a pregnant woman and her physician make a decision?
During which trimester of pregnancy can a physician, in the interest of the health of pregnant woman make a decision?
During which trimester of pregnancy can a physician, in the interest of the health of pregnant woman make a decision?
During which trimester of pregnancy can a physician, only to preserve the life of the pregnant woman make a decision?
During which trimester of pregnancy can a physician, only to preserve the life of the pregnant woman make a decision?
What is Isqat-e-Haml?
What is Isqat-e-Haml?
Homicide may be a culpable and non-culpable.
Homicide may be a culpable and non-culpable.
What is Qatl-i-Amd?
What is Qatl-i-Amd?
What is Qatl Shibh-i-Amd?
What is Qatl Shibh-i-Amd?
What is Qatl-bis-Sabab?
What is Qatl-bis-Sabab?
What is justifiable homicide?
What is justifiable homicide?
What is excusable homicide?
What is excusable homicide?
Define Itlaf-i-Udw and Itlaf-i-Salahiyyat-i-Udw.
Define Itlaf-i-Udw and Itlaf-i-Salahiyyat-i-Udw.
Define Jurh.
Define Jurh.
Flashcards
Qisas and Diyat
Qisas and Diyat
Criminal offenses amended to conform with Islamic injunctions, addressing physical harm or death.
Injury (legal definition)
Injury (legal definition)
Harm illegally caused to someone's body, mind, reputation, or property, according to the Pakistan Penal Code.
Qisas & Diyat Ordinance 1991
Qisas & Diyat Ordinance 1991
A new classification of injury that provides compensation for physical suffering due to criminal hurts in Pakistan.
Arsh
Arsh
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Daman
Daman
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Diyat
Diyat
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Hurt (in law)
Hurt (in law)
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Killing of Fetus
Killing of Fetus
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Therapeutic Abortion
Therapeutic Abortion
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Isqat-e-Haml
Isqat-e-Haml
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Isqat-e-Janin
Isqat-e-Janin
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Qatl
Qatl
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Culpable Homicide
Culpable Homicide
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Qatl-i-Amd
Qatl-i-Amd
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Qatl Shibh-i-Amd
Qatl Shibh-i-Amd
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Qatl-i-Khata
Qatl-i-Khata
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Qatl-bis-Sabab
Qatl-bis-Sabab
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Justifiable Homicide
Justifiable Homicide
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Excusable Homicide
Excusable Homicide
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Shajjah
Shajjah
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Jaifah
Jaifah
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Damiyah
Damiyah
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Badiah
Badiah
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Mutalahimah
Mutalahimah
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Mudiha
Mudiha
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Study Notes
- Criminal offenses against a person resulting in wounding or killing have been amended
- These amendments repeal previous ordinances and conform to Islamic law.
- The guiding Islamic laws are from the Holy Qur'an and Sunnah.
- Key terms like "injury," "wound," and "hurt" require understanding before discussion.
- Medically, any break in body tissues, external or internal, counts as an injury or wound.
- These terms are pathological entities with similar meanings.
- The Pakistan Penal Code defines injury as any illegal harm to a person’s body, mind, reputation, or property.
- The Qisas & Diyat Ordinance 1991 introduced a clearer classification of hurt (injury).
- This ordinance provides compensation for physical suffering from criminal injuries in Pakistan.
- Arsh, Daman, and diyat are provisions for granting compensation for criminal damages.
- Arsh covers compensation for legally specified hurt, paid by the offender to the victim or heirs.
- Daman covers compensation for hurt not liable to Arsh, determined by the court and paid by the offender.
- Diyat is compensation for causing death, specified by law and paid by the offender to the victim's heirs.
- Hurt means causing pain, harm, disease, infirmity, injury, impairing, disabling, or dismembering any body organ or part without causing death.
- There are two classifications of hurts based on the part of the body involved and the manner of infliction.
- Hurting is classified based on the part involved like Itlaf-i-Udw, Shajjah, Jurh, Itlaf-i-Salahiyyat-i-Udw.
- Hurting is also classified based on the manner of infliction, such as by negligent driving, negligent act, by mistake (Khata), or by means of poison.
- Killing a fetus is illegal, known as miscarriage.
- Evacuation of a pregnant uterus is abortion, which can be spontaneous or induced.
- Spontaneous abortion commonly occurs during the first 28 weeks of pregnancy.
- Induced abortion of a pregnant uterus can be therapeutic or criminal.
- Criminally induced miscarriage is the second most common condition, considered a serious crime in early medico-legal codes.
- Therapeutic abortion is performed in good faith to save the mother's life and was once the only justified reason for pregnancy termination.
- The period of gestation is now an important factor in deciding on therapeutic abortion.
- The first trimester of pregnancy is the first 13 weeks, and decisions are made by the pregnant woman and her physician.
- During the second trimester, which is 14 weeks to viability, the decision is made by a physician in the interest of the pregnant woman's health.
- After viability (third trimester), a physician decides only to preserve the life of the pregnant woman.
- Isqat-e-Haml involves causing a woman with a child whose organs have not been formed to miscarry without good faith for the purpose of saving life of the woman.
- Isqat-e-Janin involves causing a woman with a child whose limbs or organs have been formed to miscarry without good faith for the purpose of saving.
- Killing is classified into miscarriage (of fetus), suicide (of self), and homicide (of another).
- Miscarriage is further divided into Isqat-e-Haml and Isqat-e-Janin.
- Homicide is further divided into Qatl-i-Amd, Qatl Shibh-i-Amd, Qatl-i-Khata, and Qatl bis-Sabab
- Degree 1 suicide is deliberate and planned (premeditated self-murder).
- Degree 2 suicide is impulsive and unplanned (under great provocation).
- Degree 3 suicide is accidental, where intention to die is low, but a person voluntarily puts his life into jeopardy.
- Degree 4 suicide occurs under circumstances suggesting a lack of capacity for intention (psychotic or intoxicated).
- Degree 5 suicide is self-destruction due to self-neglect (ignoring medical instruction).
- Degree 6 suicide can be justifiable when it is self-destruction due to a terminal illness.
- Killing of another is qatl (homicide).
- Qatl means causing the death of a human being by another human being.
- Homicide may be culpable or non-culpable.
- Culpable homicide deserves blame.
- Existing law identifies four types of culpable homicide.
- Qatl-i-Amd is killing a specific person or another with intention and knowledge of causing death.
- Qatl Shibh-i-Amd is killing with intention only to harm, but death occurs which is unlikely.
- Qatl-i-Khata is killing without intention to kill or harm, but death occurs by mistake of act or fact.
- Qatl-bis-Sabab is killing without intention to cause harm or death, but death occurs during the course of an unlawful act.
- Non-culpable homicide is divided into justifiable and excusable homicide.
- Justifiable homicide involves causing death in pursuance of orders of a law court (judicial hanging).
- Justifiable homicide can also be killing by police during law enforcement, such as suppressing riots.
- Excusable homicide is causing death in excusable circumstances, such as in self-defense.
- The law considers the intention and circumstances surrounding culpable homicide when defining it legally.
- Itlaf-i-Udw: Causing dismemberment, amputation, or severance of any limb or organ of the body.
- Itlaf-i-Salahiyyat-i-Udw: Destroying or permanently impairing the function or capacity of a body organ causing permanent disfigurement.
- Shajjah is a hurt on the head or face that does not amount to Itlaf-i-Udw or Itlaf-i-Salahiyyat-i-udw.
- Shajjah-i-Khafifah involves a hurt without exposing the bone.
- Shajjah-i-Mudihah involves exposing the bone without its fracture.
- Shajjah-i-Hashimah involves fracturing of bone without displacement.
- Shajjah-i-Munaqqilah involves fracturing of bone with displacement.
- Shajjah-l-Ammah involves fracturing of the bone and the wound touching the membranes of the brain.
- Shajjah-i-Damighah involves fracturing of bone with rupturing of the brain membranes.
- Jurh is a hurt on parts of the body other than the head and face that bears a mark of a wound which may be temporary or permanent.
- Jaifah: A wound extending to the body cavity of the trunk.
- Ghayr-Jaifah: Jurh not amounting to Jaifah.
- Damiyah: Rupturing of the skin with bleeding.
- Badiah: Cutting of the flesh without exposing the bone.
- Mutalahimah: Lacerating of flesh.
- Mudihah: Exposing of bone.
- Hashimah: Fracturing of bone without displacing it.
- Munaqqilah: Fracturing of bone with its displacement.
- 337Q: For a single organ, arsh = diyat.
- 337R: For a double organ (pair), arsh = diyat (1 = half).
- 337S: For quadruplet organs, arsh 1 = 1/4 diyat, 2 = 1/2 diyat, 3 = 3/4, 4 = full.
- 337T: For fingers, arsh = 1/10 diyat; joint 1/30; thumb joint 1/20.
- 337U: For teeth, arsh = 1/20 diyat, >20 teeth is diyat, and a milk tooth = daman + 1 year tazir.
- 337V: For hair, arsh = diyat + 3 years tazir; one eyebrow arsh = 1/2 diyat; one eyelash arsh = 1/4 diyat; any body hair arsh = daman + 1 year tazir.
- 338A: Isqat e hamal (organs not formed); with consent = 3 years tazir, without consent = 10 years tazir.
- 338B: Isqat e janin (organs formed).
- 338C: Born dead = 1/20 diyat; born alive but died = full diyat + 7 years tazir.
- 300: Qatl e amd.
- 302: Qisas + 25 years tazir.
- 315: Qatl e shibh I amd.
- 316: Diyat + 14 years tazir.
- 318: Qatl e khata.
- 319: Diyat + 5 years tazir.
- 320: Qatl e khata by rash driving/negligent driving = diyat + 10 years tazir.
- 321: Qatl e bis sabab.
- 322: Diyat.
- 323: Value of diyat = 30630 gm silver.
- 325: Attempt to commit suicide = 1 year + fine.
- 332: Hurt.
- 333: Itlaf e udw.
- 334: Qisas, arsh, 10 years tazir.
- 335: Itlaf e salahiyat e udw.
- 336: Qisas, arsh, 10 years tazir.
- 337: Shajjah [km, hm, ad].
- Khafifa: Without exposing bone.
- Mudiha: Exposing bone, without fracture.
- Hashimah: Fracture without dislocation.
- Munaqqilah: Fracture with dislocation.
- Amah: Fracture of skull, wound touches membranes of brain.
- Damigah: Fracture of skull, wound ruptures membranes of brain.
- 337A: K = daman, 2 yrs tazir, M = qisas, arsh 5% of diyat, 5 yrs tazir, H = arsh 10% diyat, 10 yrs tazir, M = arsh 15% diyat, 10 yrs tazir, A = arsh 1/3rd diyat, 10 yrs tazir, D = arsh 1/2 diyat, 14 yrs tazir.
- 337B: Jurh.
- 337C: Jurh Jaifa.
- 337D: Arsh 1/3 of diyat, 10 years tazir.
- 337E: Jurh ghayr jaifa [db, mm, hm].
- Damiyah: Skin rupture, bleeding.
- Badiah: Cutting/incising flesh without exposing bone.
- Mutalahimah: Lacerating flesh.
- Mudiha: Exposing bone without fracture.
- Hashimah: Fracture without dislocation, munaqqilah = fracture with dislocation.
- 337F: D = daman + 1yr tazir, B = daman + 3 yrs tazir, M = daman + 3 yrs tazir, M = daman + 5 yrs tazir, M = daman + 7 yrs tazir.
- 337G: Rash diving/negligent driving = arsh, daman, 5 years tazir.
- 337H: Rash/negligent act = arsh, daman, 3 years tazir.
- 337I: By mistake = arsh, daman.
- 337J: Intoxication = arsh, daman, 10 years tazir.
- 337L1: Other hurts, 20 days or more severe body pain, unable to follow ordinary pursuits = daman, 7 years tazir.
- 337L2: Not covered in L1 = daman, 2 years tazir.
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