QISAS AND DIYYAT OR BLOOD MONEY

&
TAZIR
WHAT IS QISAS
 Qisas - meaning retaliation, and following the biblical principle of "an eye for an eye."
 Qisas (Arabic) is an Islamic term meaning retaliation, similar to the biblical principle of an eye for
an eye. In the case of murder, it means the right of the heirs of a murder victim to demand execution
of the murderer.
 O you who believe, equivalence is the law decreed for you when dealing with murder - the free for
the free, the slave for the slave, the female for the female. If one is pardoned by the victim's kin, an
appreciative response is in order, and an equitable compensation shall be paid. This is an
alleviation from your Lord and mercy. Anyone who transgresses beyond this incurs a painful
retribution. [1][2]^ Sura 2, (Al-Baqarah) 178

As execution for murder was conceived as the retaliation of the victim's heirs, traditionally the state could
only carry out the execution with their permission, and they were free to forgive the murderer, either as an
act of charity or in return for compensation.

WHAT IS DIYYA?
 Diyya - compensation paid to the heirs of a victim. In Arabic the word means both blood money and
ransom. Diyaa is part of private rights due to the victim(s), and could not be waived by the
sovereign.
 The federal government announced amount of diyat at Rs4.26 million for
the fiscal year 2021/2022. The amount should be value of 30,630 grams of silver.


The finance ministry issued a circular to declare the amount of diyat.


Diyat is the financial compensation paid to the victim or heirs of a victim. The
compensation may be paid in the cases of murder, bodily harm or property damage.

Pakistan Penal Code has defined “diyat” as the compensation specified in Section 323
payable to the heirs of the victim.

Diyat is one of the modes of punishment under Section 53 of the Pakistan Penal Code.
Section 53: The punishments to which offenders are liable under the provisions of this Code
are:

Qisas;

Diyat; “Diyat” means the compensation specified in S. 323 payable to the heirs of the victim
Diyat which shall not be les than the value of thirty thousand six hundred six hundred and
thirty grams (30, 630) of silver”

Arsh; “Arsh” means the compensation specified in this chapter (Chapter XVI) to be paid by
the offender to the victim, The Arsh will be payable in lumpsum or in installments spreading
over three years from the date of final judgment.

Daman Daman” means the compensation determined by the court to be pad by the offender
to the victim for causing hurt not liable to arsh.

Tazir;

Death;

Imprisonment for life;

Imprisonment which is of two descriptions, namely:–

Forfeiture of property;

Fine

Under Pakistan Penal Code where qisas is not enforceable then the offender is liable to pay
diyat.
 Important Mcq’s on Qisas and Diyat

Q1- The Qisas and Diyat Ordinances were enforced in Pakistan on

A. August 1980
B. September 1985
C. September 1990
D. November 1992

Q2: As per section 331, P.P.C. there are __________ ways for recovering diyat?

A. 3
B. 4
C. 5
D. None of these

Q3:Section 337M of P.P.C. deals with hurt___________________?

A. Liable to arsh
B. Not liable to qisas
C. Liable to daman
D. None of these

Q4: The arsh for causing itlaf of an organ which is found singly in human body shall be_________________?0

A. Equivalent to the value of diyat

B. Equivalent to Half of diyat
C. Equivalent to 1/3 of diyat
D. None of these

Q5: A amputates right ear of Z the half of which was already missing. If A’s right ear is perfect__________________?
0

A. He shall be liable to arsh not qisas

B. He shall be liable to qisas not arsh
C. He shall be liable to daman
D. None of these

Q6: Section 337-T of P.P.C. provide arsh for________________?

0

A. Chest
B. Fingers
 C. Foot
D. None of these

Q7: Whoever causes itlaf of a tooth other than a milk tooth shall be liable for_________________?

A. Tenth of diyat
B. Fifteenth of diyat
C. One-twentieth of diyat
D. None of these

Q8: Whoever uproots one eyebrow shall be liable to arsh equal to_________________?
0

A. Half of diyat
B. 1/3 of diyat
C. 1/4 of diyat
D. None of these

Q9: The arsh may be made payable in a lump sum or in instalments spread over a period of _____________ from the date of
final judgment?

A. Three years
B. Five years
C. Seven years
D. None of these

Q10: what is Least Amount of Diyat in Qatal Case?

30,630 Grams of Silver

Q11: Who will determine the value of Daman?

Court

Q12: Arsh of a Single Organ in the Body is ?

Full Diyat

Q13: Qisas is not Applicable where the enforcement of the Punishment.

 Tazir
Meaning of Tazir:
Tazir” means punishment other than qisas diyat, arsh and daman.

“Tazir means punishment other than Qisas, Diyat, Arsh or Daman”. According to Sir Abdul
Rahim; “The objects of the Tazir are the correction of the offender and prevention of the
recurrence of the crime”. “It is inflicted in respect of those offences which are against human
life and body, property, public peace and tranquility, decency, morals, religion, perjury,
forgery, gambling and contempt at the present day is based on the principle of Tazir”.

Punishment of Tazir:

Tazir may be inflicted by imposition of fine, imprisonment etc. it is the punishment which
is left to the discretion of the judge or court.
Tazir means punishment awarded by the court other than qisas, diyat, arsh and daman. It
includes punishment of imprisonment, forfeiture of property and fine. Award of tazir has
been left at the discretion of the court which should be exercised in a judicial manner and
according to the facts and circumstances of the case.