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Legal And Theoretical Foundation Of The Qisas And Diyat Law In Pakistan

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Chapter Summary

This chapter examines the opinions of several judges of the higher judiciary of Pakistan on the Islamic law of qisas and diyat as expressed in the three judgments of cases: Gul Hassan Khan v. Government of Pakistan, Mohammad Riaz v. The Federal Government, case of Federation of Pakistan v. Gul Hassan Khan. The central argument of the chapter is that despite a general consensus among the judges of the higher judiciary, they could not agree as to what the Islamic law of culpable homicide and murder actually was. Proceeding with this critique, the chapter attempts to identify the sources of their opinions within the framework of Islamic law as interpreted by various Islamic jurists and commentators of the Quran.

Keywords: diyat; Gul Hassan Khan; Islamic law; Mohammad Riaz; qisas



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