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Islamic Law In Practice: The Application Of Qisas And Diyat Law In Pakistan

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Chapter Summary

Islamic criminal law is not something anachronistic, as is the assumption of many scholars interested in the Arab and Muslim world. It is in fact the prevailing form of law in many Muslim states and may well become a penal law in the majority in the future. The introduction of the law of Qisas and Diyat law in Pakistan is the result of a judge-led process of Islamisation executed by the Shariat Courts of the country. This introductory chapter of the book explores the theories and objectives of punishment under Islam that condition its application in any context. It analyses the philosophy of Islamic penal laws, chiefly, the Qisas and Diyat with reference to western theories of punishment. The chapter presents an overview of how other chapters of the book are organised.

Keywords: Diyat; Islamic criminal law; Qisas



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