COMEPRATIVE STUDY OF DEATH PENALTY IN ISLAM

AND WESTERN LAW AND OBLIGATION ON PAKISTAN

REGARDING ITS ABOLITION

NAME OF STUDENT: ARIJ ARSHAD

ROLL NUMBER: F18-20-006
RIPHAH INSTITUTE OF LEGAL STUDIES
RIPHAH INTERNATIONAL UNIVERSITY
LAHORE

1
 DECLARATION

Areej Arshad, Student of Law in the subject of Research Project, hereby declare that the
matter printed here in this thesis titled: " COMEPRATIVE STUDY OF DEATH PENALTY
IN ISLAM AND WESTERN LAW AND OBLIGATION ON PAKISTAN REGARDING
ITS ABOLITION” is my own work and has not been printed, published, and submitted as
research work, thesis or publication in any University, Research Institute etc. in Pakistan or
abroad.

_____________________
AREEJ ARSHAD

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 RESEARCH COMPLETION CERTIFICATE

Certified that the research work contained in this thesis titled " COMEPRATIVE STUDY OF
DEATH PENALTY IN ISLAM AND WESTERN LAW AND OBLIGATION ON
PAKISTAN REGARDING ITS ABOLITION” has been carried out and completed by Areej
Arshad under my supervision. The quantum and the quality of the work contained in this
thesis are adequate for the award of degree of Law.

_________________________________
SUPERVISOR ZARMINA GUL NIAZI
Professor
Riphah Institute of Legal Studies /
Riphah International University, Lahore

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 ACKNOWLEDGEMENT

I am deeply grateful to my esteemed professor Supervisor Zarmina Gul Niazi for her invaluable

guidance and support throughout the completion of my research. Without her mentorship and

encouragement, this work would not have been possible.

I would also like to extend my gratitude to the faculty and staff of the Riphah Institute of Legal

Studies, who have provided me with a stimulating academic environment and valuable

resources to aid my research.

Furthermore, I am indebted to my family and friends for their unwavering support and

encouragement throughout this academic journey. Their belief in me has been a constant source

of motivation and inspiration.

Finally, I would like to express my sincere appreciation to all the individuals who have

participated in my research, whether as interviewees or as sources of data. Their contributions

have been invaluable to the success of this project.

Thank you all for your support and guidance.

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 DEFENCE COMMITTEE (Name and Signature)

1. Ch. Ghulam Sarwar Nihung (Director) ______________________

2. Dr. Musadaq Hussain (Principal) _____________________

3. Miss Zarmina Gul Niazi (Supervisor) ______________________

4. Mr. Rizwan Mohsin Joiya. (Assistant Professor) ______________________

5. Mr. Muhammad Irfan Asif (Assistant Professor) _____________________

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 Table of Contents
Contents Pg No.

CHAPTER 1 INTRODUCTION
INTRODUCTION 4
1.1.Research Problem 4
1.2.Research Questions 4
1.3.Limitations 5
1.4.Research objectives 5
1.5.Research Methodology 5
1.6.Plan of Study 6

CHAPTER 2 An Overview of Capital Punishment in Islam

Introduction 6
2.1. Quranic verses supporting death penalty 7
2.2. hudood offences punished by death penalty 7
2.3. Death penalty in Shariah 8
2.4. Death penalty in western law 9
2.5. Implications of death Penalty on Pakistan’s criminal justice System 10

Chapter 3 Should Death Penalty be Abolished or Not?

3.1. arguments for death penalty 11
3.2. Arguments against death penalty 12
3.3 Reason for resisting abolition of death penalty by Muslim Countries 13

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Chapter 4 Effect Of International Conventions On The Implementation of
Death Penalty in Pakistan

4.1.International treaties abolishing death penalty to which pakistan is 15

signatory
4.2.Pressure on pakistan by EU 16
4.3. Standards set out by EU for death penalty 17
4.4. Death penalty in Zainab’s case in charge of rape 18

Chapter 5 Government efforts in meeting international standard and

Recommendations
5.1. Efforts by government of Pakistan in meeting international standard 19
5.2. Impact of adopting a more lenient approach towards the death penalty in 20
Pakistan
5.3. Recommendation 22
CONCLUSION 23
BIBLOGRAPHY 24

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 Chapter 1:

INTRODUCTION

In Islam, mutual respect and brotherhood are highly valued, and pointing a weapon towards
anyone is strictly prohibited. When a crime is minor in nature, the evidence and the penalty are
usually lenient. However, if the offense is severe and has a great impact on society, the evidence
and penalty will be much more severe. Qisas is an important Islamic principle, but the option
of pardoning someone is also provided as per the Quranic Ayat: “The recompense for an injury
is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his
reward is due from Allah: for (Allah) loveth not those who do wrong” (42:40). For the most
severe crimes, including as willful murder and other crimes that pose a threat to human life,
the death penalty has been in place for generations. Human rights advocates have recently
opposed this practice, claiming it violates both respect for human life and basic human rights.
As a result, many people have asked for the death penalty to be eliminated.

1.1 Research Problem

As Death Penalty is essential for the heinous crimes as stated in Quran as well but it is also
considered as the violation of Human Rights. Pakistan as an islamic country and is, under
obligation to follow the qur’anic injections and made death penalty compulsory as
punishment of heinous crimes. But as a member of European Union it is also compulsory for
Pakistan to make its laws in accordance to the international conventions. This issue of
controversy should be taken into account for making new laws.

1.2.RESEARCH QUESTIONS

1. What are the key differences between Islam and western law with regards to the death
penalty and How have these differences impacted the views of the death penalty in Pakistan?

2. What are the consequences for Pakistan's criminal justice system of having the death
penalty in place?

3. Why or why should not death penalty be abolished in Pakistan?

4. What are the pros and cons of adopting a more lenient approach towards the death penalty
in Pakistan?

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5. What are the implications of abolishing the death penalty in Pakistan for the human rights
of prisoners and How can Pakistan ensure that the death penalty is fairly and justly applied?

6. How Pakistan is affected by international conventions, for abolishing death penalty in the
country?

1.3. Limitations

Research will be limited to capital punishment in Islam and Pakistan’s obligation in this
regard.

1.4. RESEARCH OBJECTIVES

Following are the main goals of this research:

1. 1. To examine the historical development of the death penalty in Pakistan and its
effects on society, and to compare and contrast the Islamic and Western viewpoints on
the death sentence.
2. To examine the justifications and moral objections to the death penalty in Pakistan.
3. To explore the Pakistani government's involvement in advocating the death penalty's
abolishment and to emphasize the significance of upholding human rights standards
when the death penalty is carried out in Pakistan.
4. To assess the impact of current international agreements and regulations on the death
penalty in Pakistan.
5. To investigate what the Pakistani government may do to actively encourage the repeal
of the death penalty.

1.5. RESEARCH METHADOLOGY

The research methodology for this thesis topic includes a literature review of both Islamic
and Western laws and opinions regarding capital punishment. It could also include an
analysis of the international human rights laws and international treaties relating to human
rights. It also includes a review of the legal history and evolution of the death penalty in
Pakistan, as well as any other relevant laws and regulations. This review could be used to
assess the international obligations of Pakistan with regards to the death penalty and its
potential abolition.

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1.6. PLAN OF STUDY

Chapter-I Introduction

This section provides a concise overview of the research topic, its current relevance, aims,
significance, proposed hypothesis, and the methodology utilized in the investigation.

Chapter-II- An Overview of Capital punishment in Islam and western law

Chapter two will discuss the death Penalty in Islam in detail.

Chapter- III- Should Death Penalty Be abolished or not?

In this Chapter, reasons for abolishing and non-abolishing of death penalty is discussed in
detail.

Chapter IV- Effect Of International Conventions On The Implementation of Death

Penalty in Pakistan

Chapter will discuss different international conventions and obligation they are imposing on
pakistan regarding death penalty

Chapter V- Government efforts in meeting international standard and

Recommendations

Chapter five researcher will focus on efforts done by Pakistani government in meeting
international standard and Recommendations .

_____________________________

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 Chapter 2

An overview of Capital Punishment in Islam and Western law

Introduction

Islam values the importance of fundamental human rights and upholds the dignity and
worthiness of individuals. However, in order to maintain public safety and order, Sharia laws
provide certain punishments, including the death penalty, for grave offenses. It is important to
note that such punishments are only meant to be used in extreme cases, and the criteria for
their execution are explicitly outlined in the Holy Quran and Prophetic traditions. Sharia
principles prioritize mitigation over execution, and the right to live is a foremost objective of
Sharia. This can be seen in Quranic verses that advocate for forgiveness instead of retaliation,
particularly in cases of murder. While the death penalty remains a controversial topic
worldwide, it is a part of Sharia Law and its use is still prevalent in many Islamic states..1

2.1. Quranic verses supporting Death Penalty

There are several Quranic verses that are commonly interpreted for supporting death penalty
in certain cases, including:

 In suruh Maida Allah says "And We ordained therein for them: Life for life, eye for
eye, nose for nose, ear for ear, tooth for tooth and wounds equal for equal." 2
 "O ye who believe! the law of equality is prescribed to you in cases of murder: the
free for the free, the slave for the slave, the woman for the woman." 3
 "The punishment of those who wage war against Allah and His Messenger, and
strive with might and main for mischief through the land is: execution, or
crucifixion, or the cutting off of hands and feet from opposite sides, or exile from
the land: that is their disgrace in this world, and a heavy punishment is theirs in the
Hereafter."4

However, the interpretation of these verses and the application of the capital punishment in
Islamic law is a complex and nuanced topic that involves a careful examination of the
specific circumstances and context of each case. The Quran teaches us that punishments for

1
Rahman A, the Scope of the Death Penalty under the Sharia Law, 34 AL TAFSEER 4-5 (Jan 2019)
2
(Quran 5:45)
3
(Quran 2:178)
4
(Quran 5:33)

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wrongdoings should be relative to the amount of harm that it causes. Most of the punishments
mentioned in the Quran are not for this world, and the death sentence is only used in specific
cases. It is highlighted that killing an innocent person is a grave sin and taking a person's life
should only be done to uphold justice.

2.2. Hudood Offences punished by death penalty

For specified crimes classified as "Hudood Offences," which are transgressions of Islamic
law, Pakistan may impose the death sentence. The Hudood Offences' evidentiary
requirements are taken from Islamic law, as the Pakistani judicial system has understood it.
There are typically two sorts of evidence that may be utilized in Hudood proceedings to
establish guilt: "direct evidence" and "circumstantial evidence." Direct evidence refers to the
proof that demonstrates the defendant's guilt unequivocally, such as a confession or
eyewitness testimony. In Hudood cases, direct evidence is given great weight, and a
confession made voluntarily and without coercion is considered to be the most reliable form
of direct evidence. Circumstantial evidence, on the other hand, refers to evidence that
indirectly suggests that the accused person is guilty, such as physical evidence or testimony
about the accused person's behavior. In Hudood cases, circumstantial evidence can be used to
support a finding of guilt, but it must be strong enough to exclude any other reasonable
explanation. In Pakistan, the Hudood Ordinances were enacted in 1979, which include
provisions for the punishment of certain offenses under Islamic law, known as Hudood
offenses. The Hudood offenses that carry the death penalty in Pakistan are:

 Zina (unlawful sexual intercourse)

This includes adultery (sexual intercourse between two individuals, at least one of whom is
married), fornication (sexual intercourse between unmarried individuals), and rape. In
Pakistan, the bar for providing evidence to prove Zina is quite high. Four adult male witnesses
must attest that they saw the actual act of penetration in order for there to be a conviction, or
the accused must confess in front of a judge. 5

 Apostasy (renunciation of Islam):

This involves the abandonment of Islam by a Muslim and the adoption of another religion or
atheism. The evidence criteria for apostasy in Pakistan are also strict and require a confession

12
by the accused made before a court of law, or the testimony of two male witnesses who are
Muslim, sane, adult, and of good character.6

It is noteworthy that the applying Capital Punishment for these offenses has been
widely criticized for its harshness and the potential for misuse or abuse of the evidence
criteria. In recent years, there have been efforts to reform the Hudood laws in Pakistan to
make them more equitable and just.

2.3. Death Penalty in shariah

The Sunnah of the Prophet Muhammad (peace be upon him) guides us on the implementation
of the death penalty in Islamic law. According to the Sunnah, the death penalty may be given
in cases such as murder (intentional killing of another person), provided that certain criteria
are met. These criteria include:

 Evidence: There must be sufficient evidence to prove that the accused committed the
murder. This evidence must be provided by trustworthy witnesses who have seen the
act of killing or have a direct knowledge of it.
 Intent: The accused must have had the intent to kill the victim, and this intent must
not be doubtful.
 Fair trial: A fair trial and due process of law must be provided to the accused,
including the right to legal counsel and the chance to present evidence and witnesses
in support of their defense.
 Mercy: If the accused is forgiven by the victim's family before the death penalty is
applied, the penalty may be scaled back or totally waived.

The Sunnah provides guidance on the principles and criteria for the applying for applying
capital punishment, but the interpretation and application of these principles can vary
depending on the specific legal system and cultural context.

Today, the death penalty is a highly controversial issue within the criminal justice
system. The usage of the death penalty is still used in certain countries for heinous crimes
including murder, sexual offences, treason, and economic crimes, to mention a few, despite the
fact that several nations have previously outlawed it. With some considering it as a means of
upholding justice and others seeing it as a violation of human rights, this has led to significant

6
DR. MUHAMMAD MUHSIN KHAN, SAHIH AL-BUKHARI, 423-424, (Darussalam vol.8, 1997).

13
disagreement between various interpretations of human rights. Finding a solution to this debate
is difficult, as it requires balancing both perspectives while accommodating the needs of each. 7

2.4. Death Penalty in Western law

The term "capital punishment" is derived from the Latin word "capitalis", which has its root in
"caput" meaning "head". This implies that the head is a vital part of life, and the penalty for
losing one's head is the deprivation of life. Legally, this is the most extreme form of
punishment, having been present since ancient times. It entails executing a person who has
been convicted of a particularly serious crime by a lawfully established court.

The death penalty serves two functions: it punishes individuals who have committed
heinous crimes and serves as a harsh deterrent to those who may be considering committing
crimes of a similar nature. Although the death penalty is used in numerous nations across the
world, there are differing views on its morality, criminality, and usefulness. In order to
eventually eliminate the death sentence, the UN General Assembly issued non-binding
resolutions asking for its suspension worldwide. The death penalty is forbidden by the
European Union in its Charter of Fundamental Rights, and it has also been banned in a large
number of other nations. However, more than 65% of the world's population still resides in
nations that continue to practice the death sentence.

To prohibit arbitrary abuses of human rights, notably the right to life, by law
enforcement officials, international human rights legislation contains clear and comprehensive
rules. However, as long as the use of force is legitimate, necessary, and proportionate to the
threat, death occurring from the required use of force to defend oneself or another person
endangered by an attacker is not seen as a violation of the right to life. Furthermore, if it is legal
and necessary, using fatal force to apprehend criminals or put an end to an uprising or revolt is
not against the right to life. International law does not expressly forbid the death sentence.
According to the International Covenant on Civil and Political Rights' (ICCPR's) second
paragraph, the death sentence may only be imposed in extreme cases and in accordance with
the legislation in force when the crime was committed. The ICCPR and the Convention on the
Prevention and Punishment of Genocide should not be in contradiction with the execution of
the death sentence. The execution of the death sentence requires a legally binding judgement
from a court with appropriate authority.

7
Shamrahayu A. Aziz, The continuing debate on death penalty: an exposition of international, Malaysian and
the Shariah perspective 23 IIUM LAW JOURNAL 62-63 (2015)

14
2.5. Implications of death Penalty on Pakistan’s criminal justice System

The use of the death sentence has a big impact on Pakistan's criminal justice system. Pakistan
is one of the nations that still uses the death punishment often. There are a lot of people in the
nation who have been sentenced to death, and the system used to do so frequently contains
problems including ineffective legal counsel, coerced confessions, and biased procedures.

There are various issues with respect to human rights and the rule of law that are brought up
by Pakistan's use of the death sentence. Innocent persons may be executed, and confessions
are frequently obtained through torture. Furthermore, marginalized groups including the
impoverished, members of minority religions, and those suffering from mental diseases are
disproportionately affected by the death sentence. Furthermore, the death sentence is
frequently used arbitrarily, and international norms are not always upheld by the legal
system. The death sentence is frequently administered without providing for due process, and
there are few options for legal appeals and remedies. The death sentence has obvious effects
on Pakistan's criminal justice system, including the possibility for discrimination, human
rights breaches, and defective court procedures. These issues highlight the need for Pakistan
to review its use of the death penalty and consider alternative forms of punishment.

______________________

15
 Chapter 3

Should Death Penalty be abolished or not

3.1. Arguments for death penalty

Fitzjames, a supporter of the death sentence, asserts that no one is more significant than
human life, along with the continued survival of the state and society. He concurs with those
who support the death penalty as a way to protect mankind. To defend justice and safeguard
the rights of victims, those who violate the rights of others must face penalties, including the
death sentence. In order to justify its use, proponents of the death sentence also take religious
experts' perspectives into consideration. Islam accepts and endorses the death sentence as a
fundamental principle of the faith. However, proponents of the death penalty do not ignore
the offender's rights. They recognize the importance of balancing justice with mercy and
taking into account the circumstances of the crime and the offender's individual
circumstances. 8

3.1.1. Deterrence

The fact that the death penalty deters potential offenders is one of the key reasons in favour of
it. The threat of facing the ultimate punishment can make people think twice before committing
serious crimes.

3.1.2. Retribution

Advocates of capital punishment contend that it constitutes a fair penalty for individuals who
have committed egregious offenses, such as homicide. They assert that the punishment ought
to be proportionate to the severity of the crime, and that the death penalty is the sole suitable
sanction for the gravest offenses.

3.1.3. Closure for victims' families

The families of murder victims often find closure and a sense of justice when the person who
killed their loved one is executed. The death penalty provides a sense of finality that other
punishments such as life imprisonment cannot offer.

8
Shamrahayu A. Aziz, The continuing debate on death penalty: an exposition of international, Malaysian and
the Shariah perspective 23 IIUM LAW JOURNAL 64-65 (2015)

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3.1.4. Cost savings

Some supporters of the death penalty argue that it can save money of taxpayers in the long
run. They claim that it is less expensive to execute someone than to keep them in prison for
life.

3.1.5. Public safety

Supporters of the death penalty gave arguments that it removes dangerous criminals from
society and therefore makes the public safer. They claim that keeping violent offenders alive
in prison puts innocent people at risk.

3.2. Arguments against Death Penalty

The custom of the capital punishment is on the decline globally, but there is no universal
consensus against its implementation. According to Amnesty International's 9 data as of the end
of 2021, 108 countries have fully abolished the death penalty. However, China, which is the
world's leading executor of the capital punishment, and the United States still continue using
it. Despite this, the majority of countries are moving away from using capital punishment, and
the same pressure is on others too. Arguments in favor of the death penalty fall into three
categories: those who see it as a matter of national sovereignty, separate from human rights
law; those who argue that it is necessary for deterrence, particularly in line with Islamic
principles; and those who defend it as a matter of justice for the most heinous crimes. However,
abolitionists gave arguments that the capital punishment is a violation of human dignity and is
inherently brutal in nature. So, while using death penalty is declining globally, there is still no
consensus against it. Countries continue to hold differing views on its use, and arguments in
favor of it are based on notions of justice, deterrence, and national sovereignty. Nevertheless,
many consider the capital punishment to be inhumane and is aganist human dignity.

3.2.1 Human rights

The argument put up by those opposed to the death sentence is that it violates the fundamental
right to life that is safeguarded by international human rights legislation. They maintain that
everyone has the right to live and that the death penalty is a cruel and humiliating form of
punishment.

9
Amnesty International, Death Penalty 2021: Facts and Figures 4-14 (May 2022)

17
3.2.2. Risk of executing innocent people

The prospect of killing an innocent person is an often cited reason against the death sentence.
This is a legitimate worry since there is no way to undo the harm done by an incorrect
conviction once an execution has taken place.

3.2.3. Unequal application of the death penalty

In order to support their claim that poorer and minority defendants are more likely to get the
death sentence than wealthy and white defendants, opponents of the death penalty cite instances
of systematic prejudice and unfairness in the criminal justice system. They contend that this is
an unmistakable sign of injustice.

3.2.4. Ineffectiveness as a deterrent

The argument put up by those who oppose the death penalty is that there is not enough proof
to justify its function as a deterrent to crime. In fact, certain studies have proposed that the
implementation of capital punishment could have an adverse effect by amplifying the amount
of violence in society.

3.2.5. Alternative punishments

In conclusion, individuals who oppose the death penalty contend that there exist alternative
forms of punishment that can accomplish comparable objectives to capital punishment,
including life imprisonment with no opportunity for parole. These opponents argue that such
penalties are more equitable and compassionate.

3.3. Reason for resisting abolition of death penalty by Muslim Countries

There are several reasons why many Muslim countries resist the abolition of Capital
Punishment. Some of the key factors include cultural and religious traditions, the desire for
justice, and the belief that the death penalty serves as a deterrence to crime.

Many Muslim nations still use the death sentence, mostly because of cultural and
religious customs. Many Muslim civilizations have used the death sentence for millennia as a
means of enforcing the rule of law and preserving social order. As a result, many people believe
that removing it would go against their cultural and religious beliefs. In addition, a lot of
individuals think that the death penalty is vital for justice, especially in cases of terrorism and
murder. It is regarded as a type of retaliation that gives victims' families closure. Muslims who
support the death sentence believe that it deters prospective offenders by conveying a message

18
that certain behaviors will not be allowed and that there are severe consequences for
committing them.

There are several defenses, nonetheless, against the application of the death sentence in
Muslim nations. One of the main issues is that it is a harsh and inhumane practice that breaches
fundamental human rights and dignity. Additionally, there is rising concern over the prospect
of putting innocent individuals to death as well as the likelihood that some groups may be
unfairly or disproportionately targeted by the death penalty. Despite these worries, the death
penalty is still used in many Muslim nations. This may be a result of strongly held cultural and
religious convictions, a desire for justice, and the conviction that the death penalty deters crime.
However, the usage of the death penalty continues to be a difficult topic with strong arguments
on both sides of the debate.10

____________________

10
Gilani, N. F. (2009). Should Pakistan Abolish or Retain Capital Punishment? Pluto Journals, 6, 141-143.

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 CHAPTER 4

Effect Of International Conventions On The Implementation of Death

Penalty in Pakistan

Throughout history, the use of the death penalty has been a means of punishing serious crimes
such as intentional murder, with the aim of preserving public safety and societal order. It is
important to consider that the economic advantages Pakistan receives from the EU come with
the requirement that the country must adhere to 27 international treaties. This puts considerable
moral strain on Pakistan with respect to the death penalty.

4.1. International treaties abolishing the Death Penalty to which Pakistan is Signatory

Pakistan has signed and ratified several international treaties that prohibit or limit the use of
the death penalty, but it has not abolished the capital punishment domestically. Here are some
of the relevant treaties that Pakistan has signed:

 Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in
2010 after signing it in 2004. According to its Article 6, "Every human being has the
inalienable right to life. The law must defend this right. No one's life may be taken
against their will. In accordance with strong procedural protections and only for the
most heinous offences, the ICCPR permits the death sentence in some situations. 11
 Second Optional Protocol to the ICCPR: Pakistan signed and ratified the Second
Optional Protocol to the International Covenant on Civil and Political Rights in 2008
and 2010, respectively. This protocol advocates for the elimination of capital
punishment and obligates countries that signed it to make efforts towards ending the
practice.
 Convention on the Rights of the Child (CRC): Pakistan became a signatory to the
Convention on the Rights of the Child (CRC) in 1990 and later ratified it in 1991. As
per Article 37 of the CRC, it is prohibited to impose capital punishment on
individuals who committed a crime when they were under 18 years of age.
 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT): Pakistan became a signatory to the Convention against Torture
(CAT) in 2004 and subsequently ratified it in 2010. The CAT is an international

11
International Covenant on Civil and Political Rights. (1966). Article 6(2).

20
 human rights treaty that prohibits the use of torture and other forms of cruel, inhuman,
or degrading treatment or punishment. This includes the use of the death penalty,
which is considered a violation of the right to life and dignity. By ratifying the CAT,
Pakistan committed itself to ensuring that its laws and practices comply with the
treaty's provisions and to preventing and punishing any acts of torture or other
prohibited treatment.

Despite having accepted many international agreements that call for the abolishment of
the death penalty, Pakistan continues to use this method of punishment. However, there
have recently been some encouraging developments pointing to a potential move towards
a more human rights-oriented approach to the death sentence. For instance, a measure
limiting the use of the death sentence in circumstances where there is insufficient evidence
or where the defendant's mental competence is doubtful was adopted by the Pakistani
parliament in 2019. This legislative change is largely seen as a step in the right direction
towards improving the protection of human rights and due process in Pakistani law. 12

4.2. Pressure on Pakistan by European union

Generalized System of Preferences Plus (GSP+), a trade programmed established by the

European Union (EU), allows developing countries to enter the EU market duty-free in
exchange for ratifying and adhering to 27 international conventions on human rights, labor
rights, environmental protection, and good governance. Since 2014, Pakistan has benefited
from GSP+, which has boosted its exports to the EU and provided its economy a boost. To
keep its GSP+ status, Pakistan must follow the 27 norms and show that it is making progress
in doing so. The International Covenant on Civil and Political Rights (ICCPR), one of the
agreements, forbids the use of the death sentence unless in extreme circumstances and only
after a fair trial. Given that Pakistan has one of the highest execution rates in the world, the EU,
human rights organizations, and other stakeholders have voiced their opposition to the use of
the death sentence there. The death sentence has been charged of unfairly imposing it on
marginalized populations and failing to discourage crime. The EU, which is Pakistan's biggest
trade partner and contributor, has used its influence to put pressure on Pakistan to change its
death sentence laws and procedures. The EU has asked Pakistan to halt the use of the death

12
Amnesty International, Pakistan The Death Penalty 19-20 (1996)

21
sentence, review all instances in which it has been applied, and ensure that due process rights
are upheld.

Annual reports on Pakistan's compliance with the ICCPR and other human rights, labor rights,
and environmental agreements related to the GSP+ programmed are made public by the
European Union (EU). Concerning Pakistan's adherence to these norms, the EU has voiced its
concerns and encouraged Pakistan to take proactive steps to allay these worries. The EU has
warned Pakistan that if these problems are not resolved, GSP+ status may be suspended.
Overall, the GSP+ programmed of the EU has put pressure on Pakistan to uphold international
norms, notably those related to the use of the death sentence, and to improve its human rights
record. The EU's efforts to engage Pakistan on these issues represent substantial steps towards
campaigning for human rights and the rule of law, even though progress has been slow. 13

4.3.Standards set out by European Union for Death Penalty

It is important to note that the European Union (EU) is strongly against using capital
punishment in all circumstances, and works actively to promote its abolition worldwide. The
European Union (EU) has set out a set of minimum criteria that countries that still use the
death penalty must fulfill. Here are some of the key standards:

 Transparent and fair trial: The EU requires that anyone facing the death penalty
must be given a fair trial that meets international standards for due process and human
rights. This includes the right to legal representation, access to relevant evidence, and
the right to appeal.
 Protection of the rights of the accused: The EU requires that anyone facing the
death penalty must be given access to legal counsel, medical assistance, and other
necessary services.
 Protection of vulnerable individuals: The EU requires that individuals who are
mentally ill, minors, pregnant women, or have intellectual disabilities cannot be
sentenced to death.
 No discrimination: The EU forbids the execution of prisoners based on their race,
gender, religion, or nationality.
 No torture or cruel treatment: The death sentence cannot be applied based on
confessions obtained by torture or any other type of coercion, according to a directive

13
Safdar, B. (2021). The EU Campaign to Abolish Death Penalty: Pressure on Pakistan. Journal of European
Studies, 37(1), 148-149.

22
 from the European Union (EU). It is strictly forbidden to employ torture or any other
inhumane, cruel, or humiliating treatment or punishment.
 Transparency and notification: The EU mandates that nations who continue to use
the death penalty make sure their processes are open to the public and that the
relatives of the convicted are informed when their loved ones are about to be put to
death.
 Protection of human dignity: The EU emphasizes that the use of the death penalty is
a violation of human dignity, and that it has no place in a modern, civilized society. 14

It should be noted that these standards are not legally binding, and compliance with them is
voluntary. However, the EU uses its diplomatic and economic leverage to pressure states to
meet these standards, and to promote the abolition of the death penalty worldwide.

4.4.Death Penalty in Zainab case on the charge of rape

Rape is a crime against human dignity that extends beyond property offences, as is generally
acknowledged. The Hague Convention, the Rome Statute of the International Criminal Court,
and the Geneva Conventions and its protocols are only a few of the international legal
frameworks that have been formed in the twenty-first century to classify rape as a war crime
or an offence against humanity. Three articles specifically related to rape are found in the Rome
Statute: article 6 on genocide, article 7 on crimes against humanity, and article 8 on war crimes.
This emphasizes how serious rape is, which has long been thought of as an abhorrent crime. 15

On January 4, 2018, seven-year-old Zainab Ansari was abducted while travelling to her
Quran recitation class in Kasur. Nine days later, her dead body was found in a Lahore trash
dump. She had been viciously attacked, raped, and then strangled, according to an autopsy.
Following an inquiry, Imran Ali was taken into custody and accused of raping and killing
Zainab and twelve other children. A Lahore anti-terrorism court found Ali guilty on February
17, 2018, and on that day, it sentenced him to death on four counts, life in jail, seven years in
prison, and a fine of Rs 3,200,000. He was then put to death on October 17, 2018.

14
OSCE Commitments, International Standards on the Death Penalty
15
Aiman Noman, Evaluation of Rape as war crime and status in Pakistan (September 11, 2020)

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 Chapter 5

Government efforts in meeting international standard and

Recommendations

5.1. Efforts by government of Pakistan in meeting international standard

The death penalty was banned in Pakistan in 2008, but it was reinstated for crimes connected
to terrorism in 2014 after a spate of terrorist attacks there. However, following objections from
foreign players and human rights organisations, the moratorium was reinstated in 2015.

The International Covenant on Civil and Political Rights (ICCPR) was ratified by the
government of Pakistan in 2016, demonstrating its commitment to the international legal norms
pertaining to the abolition of the death penalty. Except in cases of the most severe offences and
only after a fair trial, the ICCPR forbids the use of the death sentence. This ratification
demonstrates Pakistan's commitment to upholding certain international norms.

 Efforts by Pakistani courts

The implementation of the death penalty has been addressed in a number of significant
judgements rendered by Pakistan's legal system. The Supreme Court of Pakistan declared in
Shafqat Hussain, one of the landmark judgements, that those who were convicted of a crime
while they were minors cannot be given the death penalty. Despite not being in effect at the
time of the offence, the Juvenile Justice System Ordinance 2000 was relevant in this instance.
The defendant had been imprisoned for more than 11 years, and the court emphasized that there
was no proof of his criminal inclinations. Hussain's age or the fact that he was a minor when
the crime was committed were not taken into account by the trial court. The court also
acknowledged that Hussain had been tortured and denied a fair trial. The death sentence was
therefore reversed by the court, and the matter was sent to the trial court for further hearing. In
instances involving the death penalty, the Supreme Court of Pakistan upheld the right to a fair
trial and due process in 2018. The court ruled that people who were going to be executed had
a right to legal counsel, access to the evidence, and the ability to appeal their convictions.

Pakistan still has trouble adhering to international norms when it comes to abolishing
the death sentence, despite attempts being made to resolve the problem. Significant obstacles
still exist, including the country's frequent use of the death sentence, worries about fair judicial
procedures, the employment of military tribunals to trial non-military persons, and

24
discriminatory treatment of disadvantaged communities. Abolition of the death penalty
suggestions made by the European Union and other international organizations have not yet
been fully implemented by the government of Pakistan. To achieve international standards on
the abolition of the death sentence, Pakistan may be encouraged to take more steps by persistent
interaction and prodding from these organizations.

5.2. Impact of adopting a more lenient approach towards the death penalty in Pakistan

The death penalty is a controversial issue in many countries, including Pakistan. There are
arguments both for and against adopting a more lenient approach towards the death penalty.
Here are some of the pros and cons of this approach in Pakistan:

i. Positive impact
 Human rights: Adopting a more lenient approach towards the death penalty could be
seen as a step towards upholding human rights in Pakistan. Many argue that the death
penalty is inherently cruel and inhumane, and that abolishing it would be a positive
step towards respecting human dignity.
 Justice: There is a concern that the capital punishment may be applied unfairly or
disproportionately to certain groups of people, particularly those who are poor or from
marginalized communities. Adopting a more lenient approach could help to address
these concerns and ensure that justice is being served fairly.
 Cost: The cost of implementing the death penalty in Pakistan is high, particularly
when it comes to legal fees and the cost of maintaining death row inmates. Adopting a
more lenient approach could result in cost savings that could be redirected towards
other areas, such as improving healthcare or education.
 Increased Deterrence: The death penalty is often viewed as a form of punishment
that does not provide an adequate level of deterrence from criminal activity. By taking
a more lenient approach towards the death penalty, there is potential for greater
deterrence against criminal activities.
 Reduced Risk of Wrongful Conviction: A more lenient approach to the death
penalty reduces the risk of wrongful convictions, as defendants may be more likely to
receive fairer trials and more accurate verdicts.
 Improved Public Perception: By reducing the number of executions and introducing
more lenient punishments, public perception of the justice system may improve, as the
public may view the system as being more just and fair.

25
  Reduced Arbitrariness: Adopting a more lenient approach to the death penalty
reduces the risk of arbitrary decisions and may help ensure that the punishment is
applied in a consistent and fair manner.
ii. Negative Impact
 Deterrent effect: Many argue that the death penalty serves as a deterrent to crime,
particularly in countries with high rates of violent crime. Adopting a more lenient
approach could reduce the perceived deterrent effect of the death penalty and lead to
an increase in crime.
 Religious and cultural values: The death penalty is deeply rooted in the religious
and cultural values of many Pakistanis. There may be resistance to a more lenient
approach, particularly among more conservative or traditional communities.
 Public opinion: There is a significant amount of public support for the death penalty
in Pakistan. Adopting a more lenient approach could be seen as going against the will
of the people and may lead to backlash or protests.
 Loss of Closure: A lenient approach may leave victims feeling that justice has not
been served, as the perpetrator of the crime may not be adequately punished.
 Possible Abuse: A lenient approach may lead to the abuse of the justice system, as
those in power or of a certain social class may be able to escape the death penalty
more easily than those without such privileges.
 Unfairness: There may be an element of unfairness in a lenient approach, as those
with money or influence may be able to receive lesser sentences than those without.
 Overcrowded Prisons: The adoption of a more lenient approach may lead to
overcrowding in prisons, as more people may be sentenced to prison instead of the
death penalty. This could lead to a decrease in living standards for prisoners, as well
as an increased risk of violence and disease.

In conclusion, adopting a more lenient approach towards the death penalty in Pakistan has
both potential benefits and drawbacks. While it may help to address concerns around human
rights and justice, it could also have a negative impact on the perceived deterrent effect of the
death penalty and face opposition from those who view it as a necessary punishment for
serious crimes. Ultimately, any decision to change Pakistan's approach to the death penalty
would need to take into account a wide range of factors, including legal, political, cultural,
and religious considerations.

26
5.3. Recommendations

The death penalty in Pakistan is complex and multifaceted issue, and there are strong
arguments both for and against its use. However, if there is pressure from the European
Union (EU) to abolish the death penalty in Pakistan, there are several recommendations that
could be considered:

 Establish a moratorium on the death penalty: The Pakistani government could

declare a temporary halt to executions while a national debate takes place on the issue
of the death penalty. This would allow for an open and transparent discussion on the
issue, which could help to build consensus around the issue.
 Improve the fairness of the justice system: One of the main arguments against the
death penalty is that it is often applied unfairly, with poor and marginalized
individuals being disproportionately targeted. To address this issue, Pakistan could
work to improve the fairness of its justice system, ensuring that all individuals are
treated equally before the law.
 Increase transparency and accountability: Another major concern is that the use of the
death penalty in Pakistan is often shrouded in secrecy, with little information
available on the number of people executed or the reasons for their executions. To
address this, Pakistan could increase transparency and accountability around its use of
the death penalty, by publishing regular reports on the number of executions and the
reasons behind them.
 Consider alternative punishments: While there are some crimes that are considered
so heinous that they warrant the death penalty, there are also alternative punishments
that could be considered. For example, one suggestion for Pakistan's criminal justice
system could be to consider implementing life imprisonment without the option of
parole as a potential substitute for the death penalty.
 Engage in dialogue with the EU: Finally, it is important for Pakistan to engage in
dialogue with the EU death Penalty’s issue. By listening to the concerns of the EU
and other international partners, Pakistan can work to find a solution that is acceptable
to all parties involved.
 To ensure a strong and effective legal system in Pakistan, it is crucial to support legal
reform with thorough and insightful research that anticipates future requirements. In
order to achieve this, Pakistan should encourage the establishment of a multi-
disciplinary national research center, comprising of experts from diverse areas of law
27
 and criminal justice. This will guarantee that legal reforms are grounded in sound,
evidence-based research and can effectively address the legal needs of the country.
 The research entity has a responsibility to furnish the Ministry of Law and Justice
with well-founded proposals on updating existing laws or creating new ones that are
in sync with the constantly changing landscape of criminal activities. These
recommendations must be meticulously scrutinized and taken into account to
guarantee the laws remain pertinent and efficacious.

Conclusion

The enforcement of the Capital Punishment is considered a key component of Sharia law.
Within the first chapter of Sharia law, there are references to Surah Al-Nisa and Al-Maida, as
well as Hadith and Prophetic Traditions, which illustrate the significance and requirement of
this punishment. Nonetheless, Sharia law also includes a principle of mercy, indicating that
sparing a person's life is preferable to executing them. The death penalty is only administered
for severe offenses that meet the stringent evidentiary standards outlined in the Hudood laws.

The use of the capital punishment is a subject of intense debate in the Islamic world.
While some countries continue to employ it, others have abolished it entirely. The European
Union has taken a strong stance against the use of capital punishment, particularly in nations
like Pakistan where it is still legal. Despite the EU's efforts to persuade Pakistan to end the
practice, the decision ultimately lies with the Pakistani government. Given the complexity
and controversy surrounding the use of the capital punishment in Islam, it is unlikely that any
one group will have the power to sway the final decision.

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BIBLIOGRAPHY

HOLY QURAN

STATUTES

1. PAKISTAN CONST. 1973

2. PAK PENAL CODE, No XLV of 1860
3. Pakistan Navy Ordinance, 1961, No XXXV of 1961
4. The offence Against Property Ordinance, 1979, No VI of 1979
5. Control of Narcotics Act, 1997, Act XXV of 1997
6. The Offence of Zina Ordinance, 1979 No VII of 1979

CONVENTIONS

1. International Covenant on Civil and Political Rights 1966

2. Second Optional Protocol to the International Covenant on Civil and Political Rights
(15 December 1989)
3. Universal Declaration of Human Rights 1948

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