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The Evolution Of The Qisas And Diyat Law In Pakistan: A Brief History

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Chapter Summary

This chapter is concerned with the emergence and evolution of qisas and diyat law of Pakistan. It first explores the Islamisation during Zia-ul-Haqs rule and the reasons that prevented him from enacting the qisas and diyat law, despite his unimpeded powers, as Chief Martial Law Administrator and (later) as President, in addition to his repeated pronouncements of establishing Islamic laws in Pakistan. The chapter then discusses Pakistani womens perspectives on the new law. It also compares the two drafts prepared by the Council of Islamic Ideology under the headships of Justice Afzal Cheema and Justice Tanzilur Rehman, and shows that these in fact reflect their personal beliefs in particular schools of thought. Finally, the chapter contrasts the 1980 draft of qisas and diyat law, which was later recommended by Majlis-i-Shoora for enforcement, with the colonial law of homicide and murder.

Keywords: diyat law; Islamisation; Pakistan; qisas law; Zia-ul-Haq

10.1163/ej.9789004172258.i-408.27
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