TOPIC: CRITICAL ANALYSIS OF ISLAMIC PUNISHMENTS

IN PAKISTANI LAW ACCORDING TO THE PAKISTAN

PENAL CODE (CHAPTER 3)

SUBMITTED BY:
RAMISH KHAN (H18132054)
SYEDA SOHA NADEEM (H18132071)
AREEJ ABDUL RAZZAQUE (H18132009)
NADIA PANHWAR (H18132050)

SUBJECT: CRIMINAL LAW-I

BA/LLB
3 SEMESTER
RD

COURSE NO: 409(L)

SUPERVISOR:
Ms. TEHREEM FARRUKH

Dated: 02-10-2020

SCHOOL OF LAW,
UNIVERSITY OF KARACHI
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Group Members and their Respective Topics:

 RAMISH KHAN (PUNISHMENT, QISAS)

 SYEDA SOHA NADEEM (DIYAT)
 AREEJ ABDUL RAZZAQUE (DAMAN, TAZIR)
 NADIA PANHWAR (ARSH)

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Kinds of Punishment in Pakistani Law
According to the Pakistan Penal Code

PUNISHMENT:
According to Black’s Law Dictionary:

“Any fine, penalty or confinement inflicted upon a person by the authority of the
law and the judgment and sentence of a court, for some crime or offence
committed by him or for his omission of a duty enjoined by law.”

Kinds of Punishment under section 53:

The section 53 of PPC mentions ten kinds of punishment, which are;

1. Qisas
2. Diyat
3. Arsh
4. Daman
5. Tazir
6. Death
7. Imprisonment for life
8. Imprisonment which is of two descriptions.
9. Forfeiture of Property
10. Fine.

In this assignment we are going to critically analyze first five Islamic Punishments
of Chapter 3 i.e. Qisas, Diyat, Arsh, Daman and Tazir. Under Islamic law, different
categories of crimes have been mentioned. One of these categories
is qisas crimes. Against commission of such crimes, Islamic law recommends
severe punishment and this punishment is called qisas.
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QISAS:
Meaning of Qisas:

 “Qisas” means punishment by causing similar hurt at same part of the

body of convict as he has caused to the victim or he’ casing his death if he
has committed Qatl-i-Amd in exercise of the right of the victim or a wali.

 Qisas means to copy the other or to follow the path followed by the other
or to act like the act of another.

 It also means equality. Qisas is a form of retaliation where the person is

caused similar hurt as he had caused to another.

Definition:
Literally, means equal or balance. Legally it means infliction of similar hurt at
same part of body of convict as he has caused to victim or causing of convict’s
death in case of Qatl-e-Amd.

Quranic Perspective
The concept has been provided to us the Holy Quran itself where it states;

(i) Surah Baqra Verse No. 178: 

O ye, who believe! Retaliation is prescribed for you in matter of murder.

(ii )Surah Al Maida Verse No. 45:

And we prescribed for them therein; the life for the life, and the eye for the eye,
and the nose for the nose and the ear for the ear and the tooth for the tooth and
for wounds retaliation.

Relevant Provisions

Sections 299(K), 302, 304, 306, 307, 313, 314, 334, 336, 337, and 338 of PPC
1860.
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Offences for Qisas:

Some cases of hurt are usually liable to Qisas; it can be awarded as punishment
in the following offences:
1. Hurt
2. Qatl-i-Amd
1. Qisas in Hurt Cases: Some cases of hurt are usually liable to Qisas:
Exception: S.337-M of PPC provides some exception where hurt shall not be
liable to Qisas. These are as follows:
1. When the offender is a minor or insane.
2. When an offender at the instance of the victim causes hut to him.
3. When the offender has caused Itlaf-i-udw of a physically imperfect organ of
the victim and the convict does not suffer from similar physical imperfection of
such organ.
4. When the organ of the offender liable to Qisas is missing.

Exception of Qisas:

The following are the four cases in which Qisas is not applicable on the offender.
1. Death of Offender: Where the offender dies before the enforcement of Qisas.
2. Waiver by Wali: Where right of Qisas is waived by any Wali.
3. Right of Qisas devolves on offender: When the right of Qisas devolves on the
offender as result of the death of the Wali of the victim.
4. Wali has no right of Qisas: Where right of Qisas devolves on the person who
has no right of Qisas against the offender e.g. the son cannot enforce Qisas
against his father.

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CRITICAL ANALYSIS ON QISAS LAW:

THE PRINCIPLE OF QISAS:

The basic principle of Qisas is equality or similarity. It aims at to cause similar

hurt at the at the identical part of the body of the convict as far as possible,
keeping in view the opinion of the authorized medical practitioner, as the
offender has caused to the victim.

The law of qisas is derived from the first source of Islamic law, The Quran. The
Quran uses the term ‘qisas’ in the sense of ‘equality’.

Let us briefly observe the principle of qisas, its objectives and also the exceptions
to the principle of qisas, and objectives of such exceptions. Let us also relate
qisas to the Pakistan Penal Code and argue that the PPC is reflective of the true
letter and spirit of qisas, but further argue that the law needs proper
interpretation and stringent application through robust judicial oversight.

The grand norm of the Quran is that life is sacred and it cannot be taken away.
Life, however, can be taken for dispensing justice: “…Take not life which Allah
has made sacred except by way of justice and law. …” (6:151).

Within the justice system of Islam, equality is the cardinal rule in cases of murder
and hurt.

The Quran allows qisas in cases of intentional murder: “O you who believe,
qisas have been prescribed for you in cases of murder … But if any remission is
made by the brother of the slain, then grant any reasonable demand, and
compensate him with handsome gratitude, this is a concession and a mercy
from your Lord. After this whoever exceeds the limits shall be in grave
penalty.” (2:178).

The essence of the principle of qisas is human equality (affirmed in the Quran,
5:45) and security of life in society. The context of revelation (Shan-e-Nazool)
sheds ample light on the objectives of qisas: the aim was to curb the pre-Islamic
practice whereby the blood of some influential tribes and individuals was
considered more precious than the blood of poor and weaker segments of
society.

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The blood of women and slaves was also considered less precious compared to
the blood of men and freemen. The Quran prohibited this practice, by making
the blood of everyone equally precious: life for life, but allowed an exception,
i.e. forgiveness for merciful objectives. The Quran warns of painful punishment
for those who don’t follow these rules.

To sum up, the law exists but it needs proper interpretation in line with the
essence of the Quran, and a more stringent application as to realize the aims of
qisas as laid down in the Quran.

Without robust judicial oversight, the laws are going to be utilized by rich and
influential members of society for his or her own needs, which not only goes
against the teachings of the Quran, but takes us back to the Pre-Islamic Arab
society where the blood of victims like Shahzeb Khan seemed less precious.

Misuse of Qisas and Diyat laws:

Murder is a crime against the state and can’t be settled by the citizens
whatever their relationship with the deceased is. Under Islamic law,
punishment for crimes like murder or affecting bodily injury takes two
forms, qisas an equal retributory punishment or diyat which is basically
paying the legal heirs compensation for life lost.

If you recall, after the Shahzeb Khan murder case, settled out of court, it
had been claimed by many quarters that the law was being employed to
supply immunity to the rich and the powerful. Generally speaking, during a
situation where two parties are involved, it’s easy to influence the weaker
party to simply accept the offer by the stronger party. External factors that
sometimes favour the stronger party generally prevail. Heirs to the victims
of a criminal offence ‘forgive’ the accused under this law.

For example: in 1993, a person named Hanif murdered his wife’s sister on
an assumption that she was to marry a man he desired his own sister to
marry.

Hanif escaped punishment after his wife and her parents forgave him for
the murder.

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This ordinance is also misused to allow culprits of honour killings to go free
by applying the same standards. There are two approaches put forward.

The first supports the concept that murder or bodily harm must be treated
as a state offence and not as a private offence for the heirs to forgive. The
opposite approach is to correct the loopholes within the justice system, not
the ordinance.

Tribal rivalries go down several generations and one murder can cause
countless more deaths. Forgiveness under Hudood allowed near relatives
to place an end to bloodshed by way of forgiving. The laws also encouraged
mercy to one’s family. For example a husband could forgive the flogging of
an adulteress wife and vice versa. However, they were meant to place a tag
on justice or commercialize the killing of one’s family.

Following the introduction of the qisas and diyat law, crimes affecting the
human body are considered offences against individuals. Thus, if the legal
heirs of a deceased so decide, offenders can walk free even after
committing grave crimes. The jirga system that operates freely in many
parts across the country is additionally given considerable leeway to
determine the fate of women and attribute their decision to qisas and diyat
laws as well as similar teachings within the Quran.

Criminal offences under our law are not only crimes against people but also
crimes against the state and society, and for this reason, it’s the state, on
behalf of society, that’s the prosecutor in all such offences. But if you give
people the right to end prosecution, in lieu of blood money, it’s the state
and society that suffers.

If we allow people to go free, by paying money, then we’ve reduced all

criminal offences to a money equation. Its means that a rich man can kill a
poor man without being punished because he can pay money for the crime
and the poor man cannot kill a rich man because he cannot afford to. Is
human life really a money equation?

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Qisas and Diyat laws: a haven for honour killings
The qisas and diyat law has become a powerful means for criminals to kill
and get off freely, especially in cases of honour killings. A woman is killed
by her brother in the name of honour and the case is settled with the
father or rest of the family. This law has encouraged the crime and has
actually served to decriminalize murder.

The level of violence against women is frighteningly high in Pakistan. Women are
killed, brutally tortured, and raped. Lets discuss how social customs and Qisas
and Diyat laws mutually work together to obstruct provision of justice to women
in the cases of honour killings.

According to the Human Rights Commission of Pakistan (HRCP), 943 women

became victims of honour crimes in 2011. Honour killings are perpetrated by
close relatives, or clan members, for damaging their tarnished family honour.

The centuries-old tradition of killing women in the name of honour has not been
eliminated because penal provisions have been legislated whether in common
law tradition or Islamic that have considered transgression of social norms by
women as a mitigating factor for a premeditated murder. After independence,
debate began to frame laws of Pakistan according to the principles of Islam, but
the laws framed by the British colonial rulers were adopted under the Adoption
of Laws Act 1949. When the Federal Shariat court was established in 1980, laws
were challenged for being repugnant to Quran and Sunnah. In the case of the
Federation of Pakistan vs. Gul Hassan, the Supreme Court Shariat Appellate
Bench directed that penal sections of Pakistan Penal Code and Criminal
Procedure Code, dealing with murder and bodily hurt, must be brought in
conformity to Islam. Thus, Qisas and Diyat were introduced in 1990.

Notwithstanding the philosophical premise of the Qisas and Diyat laws, they can
lead to miscarriage of justice for victims of honour killings for three reasons.

1) First is the judicial exception: if a victim’s killer is a parent, grandparent, or a

spouse survived by children born within marriage, then certain constraints are
placed on the implementation of qisas and tazir under section 302(b) of the
Pakistan Penal Code (PPC). It reduces duration of imprisonment and in most of
the cases, ends up in compromise between heirs of victims and killers.

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2) This leads to second anomaly. As the Qisas and Diyat ordinances essentially
place the choice of prosecution wholly in the hands of the victim or her heirs,
rather than government, thus, often, victims have no aggrieved party that can
contest their case. The reason is simple: male relatives murder their female folk
to redeem their honour with the consent of next kin of the victim; and these
heirs generally forgive the killers.

For instance, a brother killing his sister would be forgiven by heirs of the victim,
which could be a mother, father or brothers of the victim. Therefore, the state
whose role is to protect life and liberty of people becomes a non-entity because
of privatization of legal process and justice.

3) Third, the tradition of considering threats to honour and provocation as

mitigating factors in honour killings remain intact under Qisas and Diyat laws. As
the conduct of a woman, killed in the name of honour, is seen to contravene
socio-cultural norms, the perception skews the outcome of the possible
sentence in favour of the killer whose motivation to kill is not considered
‘premeditated’ by many judges. Thus, honour killings are implicitly accepted
under the Qisas and Diyat Ordinance.

That said, the Qisas and Diyat laws need to be reviewed in Pakistan. It must be
understood that justice can be privatized in an ideal society where state
intervenes vigorously to protect women from violence and discriminatory
cultural practices; in short, where a woman is deemed an equal member of
society.

 Conclusion:

The country’s qisas and diyat law should not apply to honour killings, as the
family itself is the primary perpetrator in a majority of instances. Most
honour killings are premeditated and family members decide who is going
to kill and which of the family members are going to pardon the convicted.
The only solution is to correct the loopholes within the justice system
otherwise the state will fall down badly.

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DIYAT (BLOOD-MONEY)

RELEVANT PROVISIONS IN PPC:

Section 299(e), 308, 312, 319, 320, 322, 323, 338(c), 330, 331, of P.P.C. 1860.

DEFINITION OF DIYAT:

“The monetary compensation which is payable only in cases of murder not in

cases of hurt is called Diyat. Legally it means recompense which is granted to
heirs, by an offender basic meaning of Diyat is blood money.”

DIYAT ACCORDING TO PAKISTAN PENAL CODE, 1860:

“The meaning of Diyat is monetary compensation mentioned in S.323, payable

to the heirs of the victim, according to Section 299(e).”

VALUE OF DIYAT:

Keeping in view the financial position of convict and the heirs of the
victim, the court shall subject to injunctions of Islam laid down in the
Holy Quran and sunnah, fix the value of Diyat which shall not less than
the value of 30,630 grams of silver, according to section 323.

DETERMINATION OF VALUE OF DIYAT:

According to Pakistan Penal Code, court fixes amount of Diyat, in Holy

Quran and Shariat, there is no specific amount of Diyat.
Here following four principles are important;

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 (i) First Principle:

According to Quranic injunctions the court should fix amount of Diyat.

(ii) Second Principle:

The court should not fix amount of Diyat less the value of 30,630 grams of silver.

(iii) Third Principle:

The court should keep in view financial position of both the heirs of victim and
offender to fix amount of Diyat.

(iv) Fourth Principle:

The amount of Diyat can be increase, but it cannot reduce such amount on the
order of court, according to Holy Quran and Sunnah.

MEANING OF DIYAT:

The words payable to the heirs of the victim specify that Diyat is payable in case
of Qatl-i-Amd not in cases of hurt, the value of Diyat should not be less than the
value of 30,630grams of silver. As in S.310 consideration in such cases is badl-e-
sulh, in cases of Qatl-i-Amd Diyat can be awarded where the offence committed
is proved to be not liable to qisas or where qisas is not enforceable.

NATURE OF DIYAT:

It may be stated that the consideration for compounding of Qisas for

compromise or waiver cannot be classed as Diyat, Diyat is a compensation
payable only in cases of Qati and not in cases of hurt.
Consideration is Badl-e-Sulh and it settled by the parties themselves on condition
that Badl-e-Sulh shall not be less than the value of Diyat which is 30,630 grams
of silver.

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CONDITION FOR APPLICABILITY OF DIYAT:

Where an offender guilty of Qatl-i-Amd is not liable to Qisas or where Qisas is

not enforceable, the punishment of Diyat is provided
Offences for Diyat:
Diyat can be as punishment in the following offences:
1. Qatl-i-Amd under S.302
2. Qatl-Shibh-i-Amd under S.316
3. Qatl-i-Khata under S.319
4. Qatl-bis-Sahab under S.322

MODE TO FIX THE VALUE OF DIYAT:

According to section 323, it is mentioned in who has the right to fix the amount
of Diyat and how Diyat is valued.

PAYMENT OF DIYAT:
The non-payment consequences of Diyat are discussed under S.331 of P.P.C.

RESULT OF FAILURE TO PAY DIYAT:

Where a convict fails to pay Diyat or any part thereof within the period specified
earlier then the following steps may be taken as, Simple imprisonment; convict
may be kept under imprisonment until the Diyat is paid full, he may be released
on bail if he gives security to the amount of Diyat to the satisfaction of the Court.

INCASE OF DEATH OF CONVICT:

It shall be recovered from his estate, if a convict dies before the payment of
Diyat or any part.

DISBURSEMENT OF DIYAT:
According to section 330, P.P.C, according to their respective shares in
inheritance, Diyat shall be disbursed among the heirs of the victim.

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INCASE OF FOREGO SHARE:
Diyat cannot be recovered to extent of his/her share, if an heir forgoes his/her
share.

METHOD TO PAY DIYAT:

The Diyat may be made according to:

1. Lump sum or,

2. In installments over a period of 3 years from the date of the final
judgment.

DIYAT FOR NON-MUSLIM:

The court of sharia have ruled that Qisas does not apply against a Muslim, if he
murders any non-Muslim including dhimmi(non-Muslims living in an Islamic
state) or a slave for any reason, the sharia court may only impose a Diyat in the
form of compensation(recompense) with or without a prison term on
the Muslim at its discretion (Maliki, Shafi'i and Hanbali).

CONCEPT OF DIYAT:

Now a day’s Diyat law is continuously misusing by many people said by Islamic
scholars.

Diyat was introduced in 1990 and passed as a law in 1997. Qisas (retribution)
and Diyat (blood money) law was famously invoked in different cases. When
Gen. Zia was in the process of Islamic laws, Diyat was left out; it was not
incorporated because Z.A. Bhutto would have utilized it to escape being hanged.
The misuse of blood money, especially by rich people and powerful members of
state, it’s a proposal to make it valid only after a court conviction has been
issued.

Marriages being so common, women are routinely murdered in the name of

‘honor’ by men in their family. People make their own decisions on whether the
killing should be punished, forgiven or bargained over. In countless cases, father
forgiving his son for killing his daughter, or an uncle forgives his nephew.

After a lot of time such injustices, when Diyat is applicable there have been
recent changes in the law qualifying. That Diyat protects Pakistan’s rich and
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powerful is clear through, one immediate outcome has been the creation of a
culture of ‘compound ability’ where police and state institutions actively
encourage parties to settle matters outside. In such cases, the most powerful
party pays its way to safety.

Proposed amendments include that Diyat agreements should not be considered

valid till the judgment is announced so that the aggrieved party can accept Diyat,
but from a position of strength. This settlement is expected to end the culture of
vendetta (qabaili jhagra) by rejecting the revengeful model of justice. Diyat was
embrace to initiate the Islamic law of justice where reunion between the families
of the suspect and the victim heirs can be done through compensation. Also, it
offers the suspect the opportunity to admit and regret for his/her sins or
wrongdoing.

EXPLANATION OF DIYAT:
Qisas and Diyat provisions were adopted into Pakistani law through an
ordinance in 1990 at the Federal Shariat Court and Shariat Appellate bench of
the Supreme Court .In the first, heirs of the victim can forgive the offender in the
name of God without getting any monetary compensation in the form of Diyat,
while, the heirs of the victim can compromise after receiving monetary
compensation. Thus, if the heirs of a victim so decide, offenders can walk free
even after committing burial crimes.

Movement back of the qisas and Diyat laws are especially seen in crimes
committed to the name of honor, usually by the family of the victim itself. This is
what if we allow people to go freely by paying compensation, and then we have
to reduced all criminal offences to a money compensation. Since the family can
forgive itself, the state does not have any obstacle to interfere and punish
the offender because of the fact of victim heirs. Criminal offences under our law
are not only crimes against victim but also against the state and because of that,
it is the state, on behalf of whole society, that is the counselor in all such
offences that really mean that a rich and powerful man can kill a poor man
without being punished because he can pay compensation for the crime and the
poor man cannot kill a rich man because he cannot afford to pay.

It has been blamed for the increasing incidents of honor killings that victimize
women accused of disrespecting their husbands and families. Diyat is that it has
created a different justice system, where the rich and powerful are paying for
their freedom and the poor and powerless are subject to the full force of the
law. The unfortunate fact that a traditional procedure was introduced to end of
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violence instead ended up making the lives of the poor and powerless, especially
women, more endangered to attacks and other criminal actions.

CONCLUSION:

The concept of qisas as well as concept of Diyat is also explained in the Holy
Quran on behalf of Islamic law. It can be stated that Holy Quran specifies
principle of Qisas, but prescribes that one should seek monetary compensation
and not demand retribution it’s all in the hand of heirs of victim. The rules of
qisas and Diyat are based on Islamic laws.

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 Daman:

“Daman” means the compensation determined by the Court to be paid by the

offender to the victim of causing hurt not liable to arsh. Daman is ordered for
injuries where punishment of Arsh is not available. The value is not fixed or
specified in the Ordinance. Its be determined in each case, by the Court keeping
in view,
Firstly, expenses incurred on the treatment of victim’
secondly, loss or disability caused in functioning or power of any organ; and
Thirdly, for the anguish suffered by the s’c1irn 1 he Daman .‘d h court shall he
payable to the victim or, if he victim dies, to his hair according t their respective
shares in the inheritance,
In cases of Qati it will be proper, rather necessary for prosecution to provide the
Court with a list of Wali, i.e., legal representatives of the deceased victim, as well
as mention financial of parties for determination of Diyat, Arsh or Daman. The
arts or criminal jurisdiction will not be required to undertake additional
proceedings to determine dispute among the heirs. In the e of dispute, the
compensation of any form may remain lying in Government treasury with
direction to the heirs have recourse to the civil Courts. In such cases the
compensation is to be received by the victim. There will be therefore, no
problem about its disbursement. If, however, the victim dies, then in the case of
dispute his legal heirs lay be asked to have recourse to the Civil Courts.

Value of Daman:

The value of Daman may be determined by the Court keeping in view

(i) The expenses incurred on the treatment of victim;
(ii) Loss or disability caused in the functioning or power of any organ and
(iii) The compensation for the anguish suffered by the victim.

Non-payment of:

In case of non-payment of Daman, it shall he recovered from the convict and

until Daman is paid in full to the extent of his liability, the convict may be kept in
jail and dealt with in the same manner as if sentenced to simple imprisonment
or may he released on bail if he furnishes security equal to the amount of Daman
to the satisfaction of Court.

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Tazir
It means the punishment other than Qisas, Diyat, Arsh or Daman.
It is the punishment for crimes for which Shariat has not provided the fixed
sentence. Its nature and quantum is left to the discretionary jurisdiction of State.
The term Tazir is derived from the word which literally means to prohibit and
punish. As stated above, it is a discretionary punishment inflicted by State for
chastisement, correction purification or to refine.

Explanation:

Tazir means punishment awarded by the Court other than Qisas, DiyatArsh or
Daman. It includes punishment of imprisonment, forfeiture of property and fine.
Award of ta’zir 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 (KLR 1992 Mag.
c. 12)
Neither from the reasons of some of Juris-consults nor from the opinion noted in
the judgment and observations made in Gul Hussain`s case, PLD 1989 SC 633, it
follows that an unguided and unlimited power should be vested in Courts to
award punishment of imprisonment by way of ta`zir after grant of forgiveness or
receipt of Badal-i-Sulh by the victim or the heirs of the victim as the case may be.
PLD 1991 Lah. 346.

Tazir Punishments:

The law maker empowers the Court to ermine the quantum and choose the kind
of penalty so that it will possible for the Court to to into account the motives of
offence in man-made laws and the Islamic Shariah being that the latter does
recognize the effect of motives in the case of offence categorized Huddod or
Qisas. In the case of other offences there is nothing in Shariah inhibiting the
Court to take into account the motive of crimes (1991 PSC 29).

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ARSH
RELEVANT PROVISIONS
Sections 299(b), 323, 334, 336, 337 of P.P.C. 1860.

MODES OF PUNISHMENT UNDER QISAS & DIYAT ORDINANCE:

Under this Law two kinds of punishments are provided, they are:

ARSH; DEFINED:

Pakistan Penal Code specifically prescribes the amount of money, which is to be

paid by the offender to the victim or to his heirs as compensation in certain
cases this specified compensation is known as Arsh’.
Arsh means the compensation specified in Qisas & Diyat Ordinance to be paid
by the offender to the victim or his heirs. In the cases of attempt to commit
Qati-i-Amd, hlaf-i-Udw, Itlaf-iSalahjyyat-i-Udw, when the Qisas is not
executable keeping in view the principles of equality in accordance with the
injunctions of Islam, the offender shall be able to Arsh and
may also be punished with imprisonment as Ta’azir

OFFENCES FOR WHICH PUNISHMENT OF ARSH IS AWARDED:

The punishment of Arsh is awarded only in cases of hurt. As we see in Qisas &
Diyat Ordinance, punishment of Arsh is not given in qatl cases rather it is only
provided in cases of hurt. Thus following are the offences of hurt for which
Arsh is awarded by the court;

(I) PUNISHMENT FOR ITLAF-I-UDW; U/S OF P.P.C

Where offender causes ltlaf-i-Udw of victim and Qisas is not executable then
he shall be liable to Arsh value of which shall be determined according to the
19
facts and circumstances of each case keeping in view the principles of equality
and injunction of Islam.

(II) PUNISHMENT FOR ITLAF-I-SALAHIYYAT-I-U DW: U/S 336 PPC

Where offender causes ltlaf-i-Salahiyyat-i-Udw of victim and where Qisas is not

executable then he shall be liable to Arsh value of which shall be determined
according to the facts and circumstances of each case keeping in view the
principles of equality and injunction of Islam.

(III) PUNISHMENT FOR SHAJJAH:U/S 337-A OF P.P.C

Punishment of Arsh is also provided for different kinds of Shajjah as follows;

(i) Punishment for Shajjah-i-Mudihah; U/S 337-A(ii) of P.P.C

Whoever causes Shajjah-i-Mudihah for which Qisas cannot be executable, he

shall be liable to Arsh value of which shall be 5% of Diyat.

(ii) Punishment for Shajjah-i-Hashimah; U/S 337-A(iii) of P.P.C

Whoever causes Shajjah-i-Hashimah shall be liable to Arsh value of which shall

be 10% of Diyat.

(iii) Punishment for Shajjah-i-Munaqqilah; U/S 337-A(iv) of P.P.C

Whoever causes Shajjah-i-Munaqqilah shall be liable to Arsh value of which

shall be 15% of Diyat.

(iv) Punishment for Shajjah-i-Ammah; U/ S 337-A(v) of P.P.C

Whoever causes Shajjah-i-Ammah shall be liable to Arsh value of which shall

be one-third of Diyat

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Punishment for Shajjah-i-Damighah; U/ S 337-A(vi) of P.P.C

Whoever causes Shajjah-i-Damighah shall be liable to Arsh value of which shall

be one-half of Diyat.

(IV) PUNISHMENT FOR JAIFAH; U/ S 337-D OF P.P.C

Whoever causes Jaifah shall be liable to Arsh value of which shall be one-third
of diyat.

(V) PUNISHMENT FOR HURT BY RASH OR NEGLIGENT DRIVING; U/ S 337-G OF

P.P.C

Whoever causes hurt by rash or negligent driving shall be punished with Arsh
or Daman specified for the kind of hurt the victim suffers as a result of such
rash driving.

(VI) PUNISHMENT FOR HURT BY RASH OR NEGLIGENT ACT; U/S 337-H OF

P.P.C

Whoever causes hurt by rash or negligent act shall be punished with Arsh or
Daman specified for the kind of hurt the victim suffers as a result of such
rash'or negligent act.

PUNISHMENT 'FOR CAUSING HURT BY MISTAKE; U/S 337-I OF

(VII)
P.P.C.

(VIII) Whoevercauses hurt by mistake shall be punished with Arsh or

Daman specified for the kind of hurt the victim suffers as a result of
such mistake.

(IX) PUNISHMENT FOR HURT BY MEANS OF A POISON; U/ S 337-J

P.P.C
Whoever causes hurt to any person by means of poison or any other intoxicant
shall be liable to Arsh or Daman specified for the kind of hurt.

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(X) PUNISHMENT FOR CAUSING HURT TO EXTORT CONFESSION; U/
S 337-K OF P.P.C

Whoever causes hurt to any person to extort confession or to compel

restoration of any property or valuable security, he shall be punished with
Qisas, Arsh or Daman specified for the kind of hurt.

(XI) WHERE HURT NOT LIABLE TO QISAS; U/ S 337-M OF P.P.C

This section provides That where hurt is not liable to Qisas because the
offender is a minor or insane person, then he shall be liable to Arsh.

VALUATION OF ARSH FOR DIFFERENT ORGANS :

(I) ARSH FOR SINGLE ORGANS; U/ S 337-Q P.P.C

Where an offender causes Itlaf of an organ of the victim which is found singly in
human body
e.g. nose or tongue, the value of Arsh for such Itlaf shall be equivalent to Diyat.

(II) ARSH FOR ORGANS IN PAIRS; U/ S 337-R P.P.C

Where an offender causes Itlaf of an organ of the victim which is found in pairs
in human body
e.g. arm, leg etc., the value of Arsh for such Itlaf shall be one-half of the value
of diyat in case Itlaf of one of the organ in that pair is caused e.g. Itlaf of one
arm out of two. But where the Iflaf of the pair is caused, the value of Arsh shall
be equal to the value of diyat

(III) ARSH FOR ORGANS IN QUADRUPLICATE; U/S337-S P.P.C

The value of Arsh for causing Itlaf of organs found in sets of four e.g. eyelids
shall be as follows;
(i) One-fourth of the Diyat, if the Itlaf is of one of such organs.
(ii) One-half of the Diyat, if the Itlaf is of two of such organs.

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 (iii) Three-fourth of the diyat, if the Itlaf is of three of such organs.
Full Diyat, if the Itlaf is of all the four organs.

(I) ARSH FOR FINGERS; U/ S 337-T OF P.P.C

The value of Arsh for causing Itlaf of finger or its joint is as follows; The value of
Arsh for causing Itlaf of finger of hand or foot shall be one tenth of diyat.And
The value of Arsh for causing Itlaf of a joint of a finger shall be one-thirtieth o f
diyat.: Where the Itlaf is of the joint of thumb, the value of Arsh shall be one-
twenthlth of diyat.

(II) ARSH FOR TEETH; U/ S 337-U P.P.C

The value of Arsh for causing Itlaf of a single tooth but such tooth must not be
a mil tooth, shall be one-twentieth of diyat.The value of Arsh of causing ,Itlaf of
twenty or more teeth shall be equal t the value of diyat. where it impedes the
growth of new tooth: Although the punishment for Tooth is daman with
imprisonment, but where such obstruct or block the growth of a new tooth,
the punishment shall be Arsh equivalent to one-twentieth of Diyat.

(III) ARSH FOR HAIR; U/ S 337-V OF P.P.C

Where anyone uproots all the hair of the head, beard, moustaches, eyebrows,
eyelashes Or any other part of the body, he shall be liable to Arsh equivalent to
diyat with imprisonment.Value of Arsh for uprooting one of the eyebrows shall
be one-half of diyat and the Value of Arsh for
P.P.C uprooting one eyelash shall be one-fourth of diyat.

MERGER OF ARSH U/S 337- W OF P.P.C

Where the accused causes more than one hurt, he shall be liable to Arsh
specified for each hurt sseparately. E.g. Where an accused causes Itlaf of one
year along with one hand, he shall be liable to Arsh for each such Itlaf.
However following two conditions must be kept in mind while computing the
value of Arsh; Where accused causes hurt to one organ, he shall be liable to
Arsh for such organ and not Arsh for causing hurt to any other part of the

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same organ.
Where accused causes Itlaf of finger of a hand and then causes Itlaf of the
whole hand, here he shall be liable to Arsh for causing Itlaf of the whole hand
and not for Mai of finger and hand separately.Where the accused causes many
hurts to a person on his body and afterwards wounds join together and
become a single wound, the accused shall be liable Arsh for such single wound.

Explanation:

Where a person stabs a person twice in his stomach so close that as a result of
such double attack two wounds form into a single wound. Here the accused
shall be liable to Arsh for such single wound.

PAYMENT OF ARSH U/ S 337-X OF PPC:

MODE OF PAYMENT: Arsh shall be paid in the following ways; Lump Sum or In
installments. .Where the court allows the accused to pay Arsh in installments,
such installments must not spread more than a period of three years from the
date of final judgment.

FAILURE TO PAY ARSH

Where a convict fails to pay Arsh in full of any part thereof within a period as
specified above, he may be kept in jail under the pays the remaining part. In
such way he shall be dealt in same manner as if he has got simple
imprisonment. Such person may also be released on bail if he furnished
security equal to the amount of Arsh in the satisfaction of the court.

WHERE ACCUSED DIES BEFORE PAYMENT OF ARSH

Where the accused dies before payment of Arsh or any part thereof, the same
shall be recovered for his state.

DISBURSEMENT OF ARSH; U/S 337-Z OF PPC

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Under the section, Arsh shall be payable to the victim or if the victim dies to his
heirs according to their respective shares in inheritance.

CONCLUSION :

To finish up I can say that it is fundamental of criminal equity that wrong done
ought to be rebuffed. Tofulfill this point area of P.P.C gives various types of
discipline dependent on various speculations vi/. deterrent& Retributive and
reformative compensatory and preventive and so on separated from these
disciplines the discipline of whipping Furthermore this Punishment of Arsh is
also favaourable in our Islamic law and our society.

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