Shahrukh Jatoi along with three other accomplices was convicted for murdering Shahzeb Khan on December 25. PHOTO: ATHAR KHAN/EXPRESS/FILE
The Islamic law Qisas (literally, Qisas means ‘equal retaliation’) allows people to give monetary compensation instead of receiving punishment for their crime.
Qisas was an exception made to prevent disorder. Now, it is being used by the wealthy to avoid trial, Chief Justice Chaudhry added.
Chief Justice Iftikhar Muhammad Chaudhry said that a five member larger bench will be constituted to hear this case as it is an important issue.
“Islam has rulings (on these issues) but they are not implemented and this leads to an increase in crime,” Chief Justice Chaudhry added.
In the past, witnesses have been bought; Islamic laws are being used to further people’s own agendas, remarked Justice Jawad S Khawaja.
Yesterday, Attorney General of Pakistan Munir A Malik had sought the Supreme Court’s advice on the issue of waiver of Qisas and compoundability of offences.
In his written statement submitted in the apex court, he had asked the court 18 relevant questions in the backdrop of Shahzeb murder case.
It asked: “Whether the Supreme Court ought to pronounce a comprehensive and authoritative judgment on the issue of waiver of Qisas and compoundability of offences, under the provisions of sections 309, 310, 338-E, PPC, 1860, and section 345, CrPc 1898, especially since there are a number of authoritative Supreme Court precedents on this issue, or whether the law on this issue should be allowed to develop on a case to case basis?”
The announcement of the hearing being delayed came a day after this statement was submitted.
Shahzeb Khan was killed over a petty dispute on December 25, 2012 by Shahrukh Jatoi and Nawab Siraj Talpur, Nawab Sajjad Talpur and Ghulam Murtaza Lashari.
On September 9, Shahzeb’s family had forgiven the culprits in the name of Allah without claiming the amount of Diyat or Qisas.
They had pleaded to the court to acquit the four, and clarified that they had pardoned them without any pressure or coercion.
COMMENTS (34)
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Pardoned or not, allowed in Islam or not, I won't go in to that debate. They (all 4) are still a threat to society; what has the law done to ensure that they don't have another hissy fit and shoot someone else? Are they sentenced to anger management, therapy, probation? Were their gun licenses cancelled? Were their weapons confiscated? Are they still permitted to drive a vehicle? Do they have a restraining order to not go near the victims family?
If not, then the court set dangerous criminals back on the streets, who don't have control over their anger or their emotions, and on top of that they carry weapons! No one has the right, not even the victim's family, to put our lives in danger.
@PostMan: If this is true then you have scored a point. What is perplexing to me is the vast number of arguments on "Qisas.' Whatever, happened to 'Diyat?' If by paying money a murderer is set free to live his life as wants then let me tell you all that Islam is 'just' and 'equitable' and does not favor the guilty. This was pre-meditated murder and not an encounter. There must be something more that the muftis, sheikhs, lawyers and intellectuals are not telling us. Salams
As lawyers, we are taught that the objective of criminal laws is not necessarily to punish an individual for a crime, but rather to protect society at large by creating mechanisms by which people can feel secure.
Exploitation and rampant misuse of an archaic Islamic law, that frankly has no place in today's society due to the huge disparity between people with means and without, should be curtailed by disallowing the use of Qisas in certain circumstances. Where it is clear that a violent crime (i.e., murder, battery, rape, etc.) was committed with clear intent, rather than an accidental crime, the right of Qisas should be unavailable.
Such a change would be beneficial for Pakistani society. In Karachi today it is widely felt that one could be murdered at any time...shouldn't that uncertainty be something that we as Pakistanis work to fix?
Leave aside what Qisas says it is not my problem. By the way where is Arsalan and what happened about his cases and wealth? People are now only interested to see cases reopened against Son & Father and the later will follow-on.
Its not Qisas, its life threat plus 350 million. Shame on all of us who are not understanding the situation. At lease CJ has pointed out the correct thing though he cant do any thing about it. but this shows weakness of our brain-trust that has been completely rot by now or surrendered to those fuedals.
Where is Arsalan Ifitikhar these days? Any law for him too?
Ijtehad on the use of qisas is required. Islamic laws are not different for poor and rich.Wealth or political or societal pressures should not be allowed as safeguards against such shameful acts.Is there no difference between a murder by choice and a killing by mistake or accident?In such a case life imprisonment should be must even if the death penalty is pardoned.
This law just does not make any sense. This along with 4 witnesses for rape!!! For a global religion, Islam does have some strange laws. Very difficult to have an equitable society with such laws.
Anjum Aqeel made a V sign too.
Too little too late. Thousands of people have misused this law but SC, Dictators and Parliament did nothing to stop it. It was Kid's victory sign, his Wedera background and media's role which has prompted SC to take some action. If SC really wants to make difference, it should repeal it completely, otherwise SC comments would do nothing except making few media headlines.
@Justice:
Did Iftikhar Ch know sharia when he let Raymond Davis go?
What would Muslims say had this law been prescribed by any other religion?
It is the law itself, not its implementation. Scrap the law. As long as the law is there, your job is to deliver judgements under them, not rewrite/criticize the laws. All laws based on religion are bad.
Qisas law needs amendment.Otherwise money can do any thing.
I didn't know religious laws are this much important in Pakistan. Given that your society is pretty much ok with alcohol consumption.
If they pardoned him already then what was the need to even file a case ,just to make judiciary embarrassed in front of religious laws.
I think religious laws should only be used in cases of marriage, divorce, family disputes etc. Not in cases of severe crimes such as murder or rape.
@Et i am tired of your not publishing my comments.
@khan: Very well said sir...
he should have been hanged straight away when he was found guilty.. Sorry but there is no justice for middle class and poor in Pakistan..
Why didn't he say this when Raymond Davis was released?
these problems arise when we try to live according to 1400 years old doctorines which are usually distorted by clerics and scholors and now also by judges! Get away with islam, be secular!
The law of Qisas which is mentioned in Surahs Baqarah and Ma’idah is an obligation imposed by the Almighty on an Islamic State.
Get rid of all the barbaric medieval laws. His crime is against the state and state should punish this murderer accordingly, as it is done in all the civilized countries.
Kudos to the CJ. Im relieved.
@Usman Masood: Sir not to forget the victory sign he was posing with after being sentenced to death, certainly not a sign of being apologetic or embarrassed at least!
@Mohammad: He understands it, that is why he said it hence that is why the case will be continued!
@Aphtab: Sir the Cheif Justice cannot be at such a post without having complete knowledge about sharia law. So yes the supreme court is in the perfect position to interpret the course of this procedure.
If this fuedal kid gets released and kills again then the supreme court should also be charged with murder as that guy seems not in the least repentant
It is good to see that the superior judiciary are serious about correcting the very strong perception that, in Pakistan if you are powerful and rich you can commit murder and still go free.
Qisas is not for the people who make victory symbols after being convicted as murderer, Qisas is for those who are shameful for what they have done
Qisas law only allows for suspension of death penalty in exchange for equitable compensation. It does not say that the perpetrator of crime needs to be set free afterwards. The State still can hold him for life in prison.
Stop stop interpreting Qisas law, its not man made Mr CJ.
If only, Pakistanis stopped listening to Muftis and actually made some laws with proper thinking, we might have a constitution worth fighting for.
Despite above mentioned criticisms by critics, i support CJs stance, may be he is the last hope who can still bring the decision with public's expectation. we all can hope
If its a personal dispute. And the offender appears to have learned his lesson and seems apologetic. Why not?
However, when someone is not sorry, he does not appear to have learned his lesson. He pleads not guilty in court, and is later proved guilty. This person is a "THREAT" to society. Its not a personal dispute any more.
Such a person is clearly not fit to rejoin society any time soon. Keep him locked up, or the capital punishment to send a message.
Qisas mean the power of feudal lards began where the power of law end.
of course wealthy will give the Qisas... can't you understand Mr. CJ this simple logic? These are only poor who spend generations in your courts and finally disowned the cases or die trying, remaining get the capital punishment and president of Pakistan doesn't pardon them.. because they are poor.
Since when has the supreme court become an expert on interpreting the divine injunctions. The law is Qisas is being used exactly for the purpose it was meant for.